Thursday, September 2, 2021

From the U.S. Supreme Court: WHOLE WOMAN’S HEALTH ET AL. v. AUSTIN REEVE JACKSON, JUDGE, ET AL.

The supreme court declines to hear a request of injunctive relief of Texas' recently passed abortion law.

There was no majority decision. Each of the four dissenters offered their own reasons for why they would have allowed it.

- Click here for the decision

The decision doe not impact Roe v Wade, but this one might.

What is injunctive relief?

Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted. The purpose of this form of relief is to prevent future wrong. Such orders, when issued before a judgement, are known as preliminary injunctions that can be punished as contempt if not obeyed. Due to its coercive force, a grant of injunctive relief is subject to immediate review by an appellate court. The standard for review is an abuse of discretion. As such, an injunctive relief will be overturned if the appellate court finds that the trial court issued the relief based on an misapplication of the law or an erroneous factual finding.