Whole Woman's Health v. Jackson, No. 21-50792 (5th Cir. 2022)
Annotate this CaseOn remand from the Supreme Court, the Fifth Circuit concluded that unresolved questions of state law must be certified to the Texas Supreme Court. The court certified the following questions of state law to the Supreme Court of Texas: Whether Texas law authorizes the Attorney General, Texas Medical Board, the Texas Board of Nursing, the Texas Board of Pharmacy, or the Texas Health and Human Services Commission, directly or indirectly, to take disciplinary or adverse action of any sort against individuals or entities that violate the Texas Heartbeat Act, given the enforcement authority granted by various provisions of the Texas Occupations Code, the Texas Administrative Code, and the Texas Health and Safety Code and given the restrictions on public enforcement in sections 171.005, 171.207 and 171.208(a) of the Texas Health and Safety Code.
This opinion or order relates to an opinion or order originally issued on September 10, 2021.
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