Page:Whole Woman's Health v. Jackson.pdf/9

4 the petitioners asked us to enjoin any enforcement of S. B. 8. And given the statute’s approaching effective date, they asked us to rule within two days. The Court took up the application and, in the abbreviated time available for review, concluded that the petitioners’ submission failed to identify a basis in existing law sufficient to justify disturbing the Court of Appeals’ decision denying injunctive relief. Whole Woman’s Health v. Jackson, 594 U. S. ___ (2021).

After that ruling, the petitioners filed a second emergency request. This time they asked the Court to grant certiorari before judgment to resolve the defendants’ interlocutory appeals in the first instance, without awaiting the views of the Fifth Circuit. This Court granted the petitioners’ request and set the case for expedited briefing and argument. 595 U. S. ___ (2021).

Because this Court granted certiorari before judgment, we effectively stand in the shoes of the Court of Appeals. See United States v. Nixon, 418 U. S. 683, 690–692 (1974); S. Shapiro, K. Geller, T. Bishop, E. Hartnett, D. Himmelfarb, Supreme Court Practice 2-11 (11th ed. 2019). In this case, that means we must review the defendants’ appeals challenging the District Court’s order denying their motions to dismiss. As with any interlocutory appeal, our review is limited to the particular orders under review and any other ruling “inextricably intertwined with” or “necessary to ensure meaningful review of” them. Swint v. Chambers County Comm’n, 514 U. S. 35, 51 (1995). In this preliminary posture, the ultimate merits question—whether S. B. 8 is consistent with the Federal Constitution—is not before the Court. Nor is the wisdom of S. B. 8 as a matter of public policy.

Turning to the matters that are properly put to us, we