Fargo Women's Health Organization v. Schafer

Background

Applicants challenged parts of the North Dakota Abortion Control Act in federal court. The District Court granted summary judgment against the challengers, applying a strict “no set of circumstances” test. The Eighth Circuit agreed and denied emergency relief. Applicants sought a stay and an injunction pending appeal. An application presented to Justice Blackmun was referred to the full Court, which denied the request and vacated an earlier order; Justices Blackmun and Stevens said they would have granted relief.

Reasoning

Justice O’Connor, joined by Justice Souter, votes to deny the stay but explains why she disagrees with the lower courts’ legal approach. She says the long-standing practice is to grant stays only in very rare cases and that applicants have not met that burden here. She also notes the lower courts relied on a strict “no set of circumstances” standard from an earlier case, which she believes conflicts with this Court’s recent decision in Casey. Under Casey, a law is unlawful if it creates a substantial obstacle in a large fraction of relevant cases, and courts should examine the record to apply that test.

Real world impact

Because the Court denied emergency relief, the challenged North Dakota provisions remain enforceable while the appeal proceeds. The case was expedited and is set for argument, so a later ruling could reverse this temporary result. Justice O’Connor emphasizes that the denial does not mean agreement with the lower courts; she urges that courts apply the Casey undue-burden analysis when reviewing these restrictions.

Dissents or concurrances

Justice O’Connor’s separate opinion, joined by Justice Souter, clarifies the proper legal test and disagrees with the lower courts’ reasoning. Justices Blackmun and Stevens would have granted the stay.