Thursday, November 14, 2019
Law.com (Nov. 8, 2019): Trump's DOJ Retreats From SCOTUS Fight Over Undocumented Teens, Abortion, by Marcia Coyle:
Earlier this week, the Trump Administration decided not to ask the Supreme Court to review an injunction blocking an Office of Refugee Resettlement (ORR) policy that prevented undocumented minors from having access to an abortion while in government custody. The Supreme Court had granted the Department of Justice two extensions of time to seek review, but in the end the DOJ did not file a petition by its Nov. 8 deadline.
The case, Azar v. Garza, gained attention during Justice Brett Kavanaugh's confirmation hearings because of a dissent he wrote from a D.C. Circuit decision upholding an order instructing the ORR to allow the named plaintiff in the case to obtain an abortion. If the Supreme Court had taken the case, Justice Kavanaugh would probably have recused himself.
In June, the D.C. Court of Appeals affirmed a lower court decision certifying a class of pregnant unaccompanied minors in government custody and issuing the preliminary injunction.