The U.S. Supreme Court today denied review in Whole Woman’s Health v. Texas Catholic Conference of Bishops, (Docket No. 18-622, certiorari denied 2/19/2019) (Order List). In the case, the U.S. 5th Circuit Court of Appeals, in a 2-1 decision, held that a Texas federal district court should have quashed a document discovery order in a case in which several health care providers challenged the state’s fetal remains regulations. (See prior posting). While discussing the Bishops’ constitutional claim that internal deliberations of religious organizations should be protected, the 5th Circuit ultimately relied on Federal Rules of Civil Procedure 45(d) which calls for quashing a subpoena when it imposes an undue burden. Becket issued a press release discussing the Supreme Court’s denial of certiorari.
