When a panel of three judges issued the U.S. Court of Appeals for the Fifth Circuit’s most controversial decision of the year by upholding a Texas law that regulates—and potentially shuts down—seven abortion clinics on June 9, lawyers naturally wondered who wrote the decision.
All were disappointed as the first page of Whole Woman’s Health v. Cole labeled the panel decision as “per curiam”—a designation the appellate court reserves for short opinions on well-settled law that have little precedential value. That designation also means page 56 of Cole would have no signature identifying its author, although the decision names the panel members as Judges Ed Prado, Jennifer Elrod and Catharina Haynes. [See "Strict Regulation of Texas Abortion Clinics Upheld," Texas Lawyer, June 9, 2015.]
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