Trump Administration Goes About Teen Immigrant’s Attorneys in Abortion Rights Case
A few weeks ago, the courts were called on to ensure that an immigrant teen could secure an abortion. Amy Howe on SCOTUSBlog offers the Supreme Court news on “Jane Doe,” the 17-year-old pregnant immigrant who after a court battle had an abortion on October 25. A ruling by the full U.S. Court of Appeals for the District of Columbia Circuit cleared the way for the abortion after the federal government – citing a desire to avoid facilitating abortions – had refused to allow her to leave the shelter where she was being held in custody. The U.S. government has asked the Supreme Court to vacate the D.C. Circuit’s ruling, which would mean that the decision would no longer serve as legal precedent. The government also suggested that the justices should sanction Doe’s attorneys for misconduct that, the government argued, thwarted it from seeking Supreme Court review of the decision in the first place.
As Howe describes, the government suggested that the justices “may wish to issue an order to show cause why disciplinary action should not be taken against” Doe’s attorneys for “what appear to be material misrepresentations and omissions to the government designed to thwart this Court’s review.” At a minimum, the government continued, “this Court may wish to seek an explanation from counsel regarding this highly unusual chain of events.”
In a statement issued today, David Cole of the ACLU previewed the arguments that Jane Doe’s lawyers will likely make in opposing Supreme Court review. As Doe’s lawyers, Cole explained, their job was to “see that she wasn’t delayed any further — not to give the government another chance to stand in her way.” “Our lawyers,” Cole continued, “acted in the best interest of our client and in full compliance with the court orders and federal and Texas law. That government lawyers failed to seek judicial review quickly enough is their fault, not ours.” The ACLU’s brief in opposition will be due in approximately one month.
KJ