UNITED STATES

v.

TEXAS

PRELIMINARY PRINT Volume 595 U.

S. Part 1 Pages 74–76 OFFICIAL REPORTS OF THE SUPREME COURT December 10, 2021 REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, [email protected], of any typographical or other formal errors. 74 OCTOBER TERM, 2021 Syllabus UNITED STATES v. TEXAS et al. certiorari to the united states court of appeals for the fifth circuit No. 21–588 (21A85).

Argued November 1, 2021—Decided December 10, 2021 Certiorari dismissed.

Solicitor General Prelogar argued the cause for the United States. With her on the briefs were Acting Solicitor General Fletcher, Acting Assistant Attorney General Boynton, Deputy Solicitor General Kneedler, Deputy Assistant Attorney General Harrington, Erica L. Ross, Mark R. Freeman, Michael S. Raab, and Daniel Winik. Judd E. Stone II, Solicitor General of Texas, argued the cause for the state respondent. With him on the briefs were Ken Paxton, Attorney General of Texas, Brent Webster, First Assistant Attorney General, Lanora C. Pettit, Principal Deputy Solicitor General, Beth Klusmann and Natalie D. Thompson, Assistant Solicitors General, and William T. Thompson. Jonathan F. Mitchell argued the cause for private respondents. With him on the briefs were D. Bryan Hughes and Heather Gebelin Hacker.* *Briefs of amici curiae urging affrmance were filed for the American Center for Law and Justice by Jay Alan Sekulow, Stuart J. Roth, Colby M. May, Jordan A. Sekulow, Laura B. Hernandez, Andrew J. Ekonomou, Cecilia Noland-Heil, and Walter M. Weber; for the Becket Fund for Religious Liberty by Mark L. Rienzi; for the Life Legal Defense Foundation by Catherine W. Short; and for 410 Texas Women Injured by Abortion et al. by Allan E. Parker, R. Clayton Trotter, and Mary J. Browning. A brief of amici curiae urging vacatur was filed for Leading Medical Organizations by Shannon Rose Selden, Anna A. Moody, and Shiri A. Hickman. Briefs of amici curiae were filed for the State of Indiana et al. by Theodore E. Rokita, Attorney General of Indiana, Thomas M. Fisher, Solicitor General, Kian J. Hudson, Deputy Solicitor General, and Julia C. Payne Cite as: 595 U. S. 74 (2021) 75 Per Curiam Per Curiam.

The writ of certiorari is dismissed as improvidently granted. The application to vacate stay presented to Justice Alito and by him referred to the Court is denied.

It is so ordered. and Melinda R. Holmes, Deputy Attorneys General, and by the Attorneys General for their respective States as follows: Steve Marshall of Alabama, Mark Brnovich of Arizona, Leslie Rutledge of Arkansas, Ashley Moody of Florida, Christopher M. Carr of Georgia, Lawrence G. Wasden of Idaho, Derek Schmidt of Kansas, Daniel Cameron of Kentucky, Jeff Landry of Louisiana, Lynn Fitch of Mississippi, Eric Schmitt of Missouri, Austin Knudsen of Montana, Doug Peterson of Nebraska, Dave Yost of Ohio, John M. O'Connor of Oklahoma, Alan Wilson of South Carolina, Jason R. Ravnsborg of South Dakota, Sean D. Reyes of Utah, and Patrick Morrisey of West Virginia; for the Commonwealth of Massachusetts et al. by Maura Healey, Attorney General of Massachusetts, Elizabeth N. Dewar, State Solicitor, and Amanda Hainsworth, Assistant Attorney General, by Andrew J. Bruck, Acting Attorney General of New Jersey, and by the Attorneys General for their respective jurisdictions as follows: Rob Bonta of California, Philip J. Weiser of Colorado, William Tong of Connecticut, Kathleen Jennings of Delaware, Karl A. Racine of the District of Columbia, Clare E. Connors of Hawaii, Kwame Raoul of Illinois, Aaron M. Frey of Maine, Brian E. Frosh of Maryland, Dana Nessel of Michigan, Keith Ellison of Minnesota, Aaron D. Ford of Nevada, Hector Balderas of New Mexico, Letitia James of New York, Joshua H. Stein of North Carolina, Ellen F. Rosenblum of Oregon, Josh Shapiro of Pennsylvania, Peter F. Neronha of Rhode Island, Thomas J. Donovan, Jr., of Vermont, Mark R. Herring of Virginia, Robert W. Ferguson of Washington, and Joshua L. Kaul of Wisconsin; for the American Bar Association by Reginald M. Turner; for the Blanca Telephone Co. by Timothy E. Welch; for the Constitutional Accountability Center by Elizabeth B. Wydra, Brianne J. Gorod, and David H. Gans; for Legal Scholars Professor Blake Emerson et al. by Alison B. Miller and Benjamin F. Heidlage; for Legal Scholars Leah Litman et al. by Sonya D. Winner; for Local Governments by Jonathan B. Miller, Meghan L. Riley, Esteban A. Aguilar, Jr., Jessica M. Scheller, Kristin M. Bronson, Arturo G. Michel, Michael N. Feuer, Rodrigo A. Castro-Silva, Barbara J. Parker, Diana P. Cortes, Lyndsey M. Olson, Dennis J. Herrera, James R. Williams, Joseph Lawrence, and Peter S. Holmes; for Planned Parenthood of Greater Texas Surgical Health Services et al. by Alan E. Schoenfeld, Diana O. Salgado, Carrie Y. Flaxman, 76 UNITED STATES v. TEXAS Per Curiam Justice Sotomayor would grant the application to vacate stay in No. 21A85 and dissents from the dismissal of No. 21–588 as improvidently granted. and Jennifer Sandman; for the Texas Medical Association by Donald P. Wilcox, Kelly M. Walla, and Laura J. Thetford; for David Boyle by Mr. Boyle, pro se; and for 128 Current and Former Prosecutors et al. by John P. Mastando III and David Weiss.

Reporter’s Note The attached opinion has been revised to refect the usual publication and citation style of the United States Reports. The revised pagination makes available the official United States Reports citation in advance of publication. The syllabus has been prepared by the Reporter of Decisions for the convenience of the reader and constitutes no part of the opinion of the Court. A list of counsel who argued or filed briefs in this case, and who were members of the bar of this Court at the time this case was argued, has been inserted following the syllabus. Other revisions may include adjustments to formatting, captions, citation form, and any errant punctuation. The following additional edits were made: None