SW Women's Surg Ctr, et al v. Abbott, et al

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 20-50314

SOUTHWESTERN WOMEN'S SURGERY CENTER; BROOKSIDE
WOMEN'S MEDICAL CENTER, P.A., doing business as Brookside Women's
Health Center and Austin Women's Health Center; ROBIN WALLACE, M.D.,
M.A.S.; HOUSTON WOMEN'S CLINIC; PLANNED PARENTHOOD
CENTER FOR CHOICE; PLANNED PARENTHOOD OF GREATER TEXAS
SURGICAL HEALTH SERVICES; PLANNED PARENTHOOD SOUTH
TEXAS SURGICAL CENTER; WHOLE WOMAN'S HEALTH; WHOLE
WOMAN'S HEALTH ALLIANCE,

Plaintiffs - Appellees

v.

GREG ABBOTT, GOVERNOR OF THE STATE OF TEXAS, in his official
capacity; 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,

Defendants - Appellants

Appeal from the United States District Court for
the Western District of Texas
USDC No. 1:20-CV-323

United States Court of Appeals
Fifth Circuit
FILED
April 20, 2020

Lyle W. Cayce
Clerk
Case: 20-50314 Document: 00515388293 Page: 1 Date Filed: 04/20/2020

No. 20-50314
2

Before DENNIS, ELROD, and DUNCAN, Circuit Judges.
PER CURIAM:*
Defendants-Appellants appeal the order entered by the district court on
April 9, 2020 and extended on April 14, 2020. Temporary restraining orders
are not appealable; however, an order styled a temporary restraining order
may be appealed if its “actual content, purport, and effect” is that of a
preliminary injunction. Smith v. Grady, 411 F.2d 181, 186 (5th Cir. 1969); see
also 28 U.S.C. § 1292. We conclude that the orders involved here are properly
understood as an extended temporary restraining order and that we lack
jurisdiction over the appeal. Accordingly, we DISMISS this appeal for want of
jurisdiction and DENY AS MOOT the emergency motion to stay.

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
Case: 20-50314 Document: 00515388293 Page: 2 Date Filed: 04/20/2020