The opinion
Opinion issued July 12, 2022
In The
Court of Appeals
For The
First District of Texas
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NO. 01-22-00480-CV
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IN RE KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY
GENERAL OF TEXAS, TEXAS MEDICAL BOARD, STEPHEN BRINT
CARLTON, TEXAS BOARD OF NURSING, KATHERINE A. THOMAS,
TEXAS HEALTH AND HUMAN SERVICES COMMISSION, CECILE
ERWIN YOUNG, TEXAS BOARD OF PHARMACY, AND TIM TUCKER,
Relators
On Appeal from the 269th District Court
Harris County, Texas
Trial Court Case No. 2022-38397
Relators, Attorney General Ken Paxton, Texas Medical Board, Stephen
Brint Carlton, Texas Board of Nursing, Katherine A. Thomas, Texas Health and
Human Services Commission, Cecile Erwin Young, Texas Board of Pharmacy,
and Tim Tucker filed a petition for writ of mandamus* to vacate the trial court’s
June 28, 2022 temporary restraining order that enjoined:
Defendants, their officers, agents, servants, employees, and attorneys,
and those person in active concert or participation with them, from
enforcing the Pre-Roe Ban against Plaintiffs or their physicians,
nurses, pharmacists, or other staff.
*
The underlying case is Whole Woman’s Health, on behalf of itself, its staff,
physicians, nurses, pharmacists, and patients; Whole Woman’s Health Alliance,
on behalf of itself, its staff, physicians, nurses, pharmacists, and patients; Alamo
City Surgery Center PLLC d/b/a Alamo Women’s Reproductive Services, on
behalf of itself, its staff, physicians, nurses, pharmacists, and patients; Brookside
Women’s Medical Center PA d/b/a Brookside Women’s Health Center and Austin
Women’s Health Center, on behalf of itself, its staff, physicians, nurses,
pharmacists, and patients; Houston Women’s Clinic, on behalf of itself, its staff,
physicians, nurses, pharmacists, and patients; Houston Women’s Reproductive
Services, on behalf of itself, its staff, physicians, nurses, pharmacists, and patients;
and Southwestern Women’s Surgery Center, on behalf of itself, its staff,
physicians, nurses, pharmacists, and patients v. Ken Paxton, in his official
capacity as Attorney General of Texas; Texas Medical Board; Stephen Brint
Carlton, in his official capacity as Executive Director of the Texas Medical Board;
Texas Board of Nursing; Katherine A. Thomas, in her official capacity as
Executive Director of the Texas Board of Nursing; Texas Health and [Human]
Services Commission; Cecile Erwin Young, in her official capacity as Executive
Commissioner of the Texas Health and Human Services Commission; Texas Board
of Pharmacy; Tim Tucker, in his official capacity as Executive Director of the
Texas Board of Pharmacy; Jose Garza, in his capacity as District Attorney for
Travis County, TX; Joe Gonzales, in his official capacity as District Attorney for
Bexar County, TX; Kim Ogg, in her official capacity as District Attorney for
Harris County, TX; John Creuzot, in his official capacity as District Attorney for
Dallas County, TX; Sharon Wilson, in her official capacity as District Attorney for
Tarrant County, TX; Ricardo Rodriguez, Jr., in his official capacity as District
Attorney for Hidalgo County, TX; and Greg Wilson, in his official capacity as
District Attorney for Collin County, TX, No. 2022-38397, pending in the 269th
District Court of Harris County, Texas, the Honorable Christine Weems, presiding
for purpose of temporary restraining order by virtue of exchange of benches.
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We deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). We
dismiss the relators’ emergency motion for relief as moot.
PER CURIAM
Panel consists of Justices Kelly, Countiss, and Rivas-Molloy.
3