Tuesday, June 5, 2018
Young Immigrant Women Have the Right to Access Abortion. Monday’s Supreme Court Decision Doesn’t Change That.
Jun. 4, 2018 (American Civil Liberties Union: Speak Freely): Young Immigrant Women Have the Right to Access Abortion. Monday’s Supreme Court Decision Doesn’t Change That, by Brigitte Amiri:
The Supreme Court on Monday steered around a long-pending abortion dispute between the Trump administration and ACLU lawyers over young immigrant women in custody, telling lower courts on Monday to start over in deciding the issue. In a short opinion, the justices wiped away rulings by several judges who last fall had cleared the way for a 17-year-old to see a doctor and obtain an abortion.
There has been a lot of confusion about Monday’s decision in the Jane Doe case, Azar v. Garza, but ACLU Senior Staff Attorney Brigitte Amiri provides two big takeaways "to clear things up."
First, Amiri writes that the ruling was limited to the case of one young woman, who already had her abortion. There is still a court order in place that prohibits the government from obstructing or interfering with unaccompanied minors’ access to abortion, and today’s decision does not change that. Second, the Supreme Court rejected what Amiri calls the "government’s baseless request to find" that Amiri and her colleagues acted unethically.
The Supreme Court ruling vacates Jane Doe’s individual victory in the court of appeals that paved the way for her to obtain an abortion. Because Jane Doe has already obtained an abortion, the Court ruled that her individual claim related to abortion access is now moot. The ruling does not say anything about the merits of the constitutional question presented in the underlying case, namely whether the government can violate decades of Supreme Court precedent by banning abortion for unaccompanied minors.
The ACLU is still seeking a ruling that the government's policy is unconstitutional, and the Supreme Court’s ruling that Jane Doe's individual case is moot does not affect the rest of the case in any way, nor does it diminish a district court order that blocks the government’s policy of obstructing unaccompanied pregnant minors' access to abortion.
On March 30th, the district court allowed the case to proceed as a class action and issued a preliminary injunction blocking the government’s no-abortion policy. The government has appealed that decision and asked the court of appeals to allow the policy to go back into effect while the appeal is pending. The court of appeals denied that request on the evening of June 4th, 2018 (following the Supreme Court's ruling), reaffirming that unaccompanied minors must have access to abortion. The briefing on appeal will happen during the summer, and oral argument will take place in September.
The Court also rejected the government’s request to impose discipline on Amiri and her colleagues for representing their client to the best of their abilities. The government’s ethics claims have always been baseless, Amiri writes, and they are merely an attempt to intimidate Amiri and her colleagues.