Our Purposeful Litigation

Fighting for Abortion Rights

Providing abortion care services is the largest part of our work, and that work could not be possible in the Midwestern and Southern states without a strong commitment to an ambitions litigation strategy. Because we work in states with the most regulations on abortion and endure continuous attacks from anti-abortion lawmakers, part of our work at WWH is to take bold action with advocacy and litigation. We are involved in national and state level repro movement coalitions and work closely with other abortion providers, funds, and allies as co-plaintiffs in these cases. Here’s a look at the Here’s a look at the lawsuits we are currently involved in. In each lawsuit, we are represented by the Center for Reproductive Rights or The Lawyering Project.

Texas

Whole Woman’s Health, et al. v. Austin Reeve Jackson, et al.

On July 13, 2021, WWH and WWHA joined a consortium of other providers, abortion funds, and clergy members and filed suit challenging Texas Senate Bill 8 and requesting it be declared unconstitutional and enjoined from going into effect on September 1, 2021. SB 8 bans abortion at approximately six weeks in pregnancy and constitutes a pre-viability ban in direct defiance of Roe v. Wade and nearly fifty years of unbroken court precedent protecting the constitutional right to an abortion. A law of this nature has never been seen before because it affords private citizen enforcement against anyone who aids and abets an abortion. “If permitted to take effect, SB 8 will create absolute chaos in Texas and irreparably harm Texans in need of abortion services.” Read more in our press release.

Whole Woman’s Health, Whole Woman’s Health Alliance, et al. v. Young 

In December 2016, WWH and WWHA filed a lawsuit challenging a Texas law which specified the methods for the treatment and disposition of embryonic and fetal tissue remains by burial or the scattering of ashes following certain abortion procedures. An injunction stopping the enforcement of the law was immediately issued and reiterated by the District Court in September 2018, where the judge ruled that the law was unconstitutional under the 14th Amendment and imposed a significant burden on women seeking abortions. The State appealed and the case had been on hold by the Fifth Circuit Court of Appeals since October 2019, pending the Supreme Court’s decision in June Medical Services v. Gee. Since that decision’s release, the Fifth Circuit has asked for supplemental briefing, which was submitted in July 2020. The Fifth Circuit has yet to rule on its findings. 

Whole Woman’s Health, et al. v. Paxton

WWH filed a suit in July 2017 challenging a Texas law which banned the use of dilation and evacuation after approximately 15 weeks of pregnancy. This procedure, known as a D&E, is the most common practice among physicians and is backed by medical science as being the safest and preferable standard of care for abortions after 15 weeks. A District Court ruled that the law was unconstitutional as it placed an undue burden on all patients. The State appealed and the Fifth Circuit Court of Appeals postponed a decision until the U.S. Supreme Court resolved June Medical Services v. Gee. Despite the Fifth Circuit denying the State’s request to lift the injunction in 2019, a year later the Court decided to rehear the case before its entire panel of judges. The hearing was held on January 21, 2021 and we are still waiting for a ruling.

Whole Woman’s Health Alliance, et al. v. Paxton 

In June 2018, WWHA challenged a wide variety of state regulations targeting abortion providers, including laws that deny abortion patients the benefits of scientific progress, mandatory disclosure and waiting period laws, parental involvement laws, and evoking criminal penalties. Over three years later, we are still waiting for the District Court Judge to rule on the State’s motions to dismiss. This lawsuit has been branded The People’s Lawsuit to unite co-plaintiffs and challenge the web of unconstitutional abortion restrictions.

Indiana

Whole Woman’s Health Alliance, et al. v. Rokita 

In June 2018, WWHA filed a lawsuit against a comprehensive list of regulations targeted at abortion providers. These laws include a telemedicine ban, in-person examination and counseling requirements, as well as an ultrasound requirement, and required physical plant specifications. The District Court ruled that the licensing law violated a patient’s due process and equal protection rights, as well as imposed a substantial burden to women seeing abortion care. The State appealed and arguments were heard in March 2021. The second phase of the trial took place June 23-26, 2021, where additional arguments against regulations targeting abortion providers were heard.

All-Options, Inc, Whole Woman’s Health Alliance, et al. v. Indiana

In May 2021, WWHA challenged several abortion restrictions enacted by the state of Indiana during its recent legislation session. These regulations include forcing healthcare providers to share false and misleading information with their patients about “reversing” a medication abortion and a ban on the use of telemedicine to obtain a medication abortion. A hearing was held on June 21, 2021 to hear our request asking the Court to enjoin the State from enforcing these statutory provisions. The judge decided to hear arguments only on the “Abortion Reversal Disclosure Requirement” as the other two regulations are being contested in our other Indiana case (WWHA v. Rokita). On June 30, 2021, the judge granted a preliminary injunction and blocked the requirement, stating that it violates the First Amendment for the State to require doctors to recite the “Abortion Reversal Disclosure Requirement”, which was not shown to be truthful and is misleading.

Past Court Victories

At the U.S. Supreme Court on June 27, 2016, a landmark victory was delivered in Whole Woman’s Health v. Hellerstedt, where WWH challenged a 2013 Texas law requiring all abortion providers in the state to obtain local hospital admitting privileges. As a result, providers across the state were shuttered. SCOTUS struck down the law as unconstitutional and protected the constitutional right to choose abortion as well as affirmed the undue burden test by which all state regulations limiting women’s fundamental right to choose abortion must be evaluated under. The undue burden test, as articulated by the Supreme Court in WWH, states that a law burdening abortion must further a valid state interest and that its benefits afforded must outweigh the burdens imposed on women if enforced. Learn more about our historic SCOTUS win.

In Virginia, our litigation challenges, in conjunction with advocacy efforts with the Commonwealth’s legislature, resulted in the enactment of the Reproductive Health Protection Act in July 2020 and the repeal of a wide variety of regulations targeting abortion providers and placing an unnecessary burden on woman’s access to abortion care. This includes the 24-hour waiting period, physician-only requirement and required ultrasound.

In Indiana, WWHA challenged the State’s denial of a license to our South Bend clinic all the way to the Seventh Circuit Court of Appeals, where it ruled in a unanimous decision to uphold the District Court’s decision ordering the State to issue a license or treat the facility as if it had one. As a result, WWH of South Bend remains open and continues to provide excellent care to its patients.