United States Court of Appeals

FIFTH CIRCUIT

OFFICE OF THE CLERK

LYLE W. CAYCE

CLERK

TEL. 504-310-7700

600 S. MAESTRI PLACE, 

Suite 115

NEW ORLEANS, LA 70130

March 31, 2020

MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW:

No. 20-50264 Gregg Abbott, et al

USDC No. 1:20-CV-323

Enclosed is an order entered in this case.

 Sincerely,

LYLE W. CAYCE, Clerk

 By: _________________________

Melissa V. Mattingly, Deputy Clerk

504-310-7719

Ms. Jeannette Clack

Mrs. Molly Rose Duane

Mr. Kyle Douglas Hawkins

Ms. Julie A. Murray

Ms. Elizabeth Baker Murrill

Mr. Patrick J. O'Connell

Mr. Rupali Sharma

Ms. Stephanie Toti

 Case: 20-50264 Document: 00515366143 Page: 1 Date Filed: 03/31/2020

Case 1:20-cv-00323-LY Document 46 Filed 03/31/20 Page 1 of 3
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

___________________ 

No. 20-50264

___________________ 

In re: GREGG ABBOTT, in his official capacity as Governor of Texas; KEN 

PAXTON, in his official capacity as Attorney General of Texas; PHIL 

WILSON, in his official capacity as Acting Executive Commissioner of the 

Texas Health and Human Services Commission; STEPHEN BRINT 

CARLTON, in his official capacity as Executive Director of the Texas Medical 

Board; KATHERINE A. THOMAS, in her official capacity as the Executive 

Director of the Texas Board of Nursing,

 Petitioners

_______________________ 

Petition for a Writ of Mandamus

to the United States District Court for the

Western District of Texas

_______________________ 

Before DENNIS, ELROD, and DUNCAN, Circuit Judges.

PER CURIAM:

IT IS ORDERED that the district court’s order of March 30, 2020 (Dkt. 

No. 40) is TEMPORARILY STAYED until further order of this court to allow 

this court sufficient time to consider petitioners’ emergency motion for stay 

and petition for writ of mandamus.

IT IS FURTHER ORDERED that plaintiffs-respondents be directed to 

file a response to the emergency motion for stay no later than Wednesday, April 

1, 2020, at 8:00 a.m. Any reply by petitioners is due no later than Wednesday, 

April 1, 2020, at 8:00 p.m.

 Case: 20-50264 Document: 00515366144 Page: 1 Date Filed: 03/31/2020

Case 1:20-cv-00323-LY Document 46 Filed 03/31/20 Page 2 of 3
IT IS FURTHER ORDERED that plaintiffs-respondents be directed to 

file a response to the petition for writ of mandamus no later than Thursday, 

April 2, 2020, at 8 p.m. Any reply by petitioners is due no later than Friday, 

April 3, 2020, at 5 p.m.

IT IS FURTHER ORDERED that the filing of an amicus brief by States, 

Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, 

Missouri, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, 

Tennessee, Utah, and West Virginia, is allowed.

JAMES L. DENNIS, Circuit Judge, dissenting:

A federal judge has already concluded that irreparable harm would flow 

from allowing the Executive Order to prohibit abortions during this critical 

time. I would deny the stay. Moreover, I write separately to make clear that, 

per the Executive Order, “any procedure that, if performed in accordance with 

the commonly accepted standard of clinical practice, would not deplete the 

hospital capacity or the personal protective equipment needed to cope with the 

COVID-19 disaster” is exempt.

 Case: 20-50264 Document: 00515366144 Page: 2 Date Filed: 03/31/2020

Case 1:20-cv-00323-LY Document 46 Filed 03/31/20 Page 3 of 3