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The Supreme Court tossed out a lower court ruling that paved the way for an illegal immigrant teenager to have an abortion while in federal custody and will send the case back to the lower courts.
In an unsigned per curiam opinion Monday with no noted dissents, the court remanded the case back to the U.S. Court of Appeals for the District of Columbia Circuit.
With its decision, the court agreed with the request from the Trump administration, which asked the justices to weigh in in November.
The article goes on to state the following:
Justice Department lawyers had asked the high court to vacate the appeals court’s ruling and send the case back with directions to “dismiss all claims for prospective relief regarding pregnant unaccompanied minors.”
Though the teenager at issue in the case, identified in court filings as Jane Doe, had the abortion, the Trump administration was worried other illegal immigrant pregnant teenagers would use the ruling from the federal appeals court in seeking an abortion.
The issue in the case was not the right to an abortion, but instead whether the government had to facilitate access to an abortion for an unaccompanied teenager who came to the U.S. illegally and was apprehended by federal authorities. The minor, according to the court filing, declined to return to her home country and did not identify a sponsor in the U.S. into whose custody she could be released.
Solicitor General Noel Francisco wrote in the filing to the Supreme Court that the government “may adopt policies favoring life over abortion; it is not obligated to facilitate abortion; and the government acts permissibly when it does not place an undue burden in a woman’s path. Here, the government imposed no undue burden.”
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