On Friday, the Department of Justice filed a petition with the Supreme Court asking them to toss out an earlier ruling within the case of Jane Doe—an undocumented 17-year-old who sought and obtained an abortion final month after a high-profile authorized struggle with the Trump administration—and to self-discipline her legal professionals.
For a month starting in late September, the Office of Refugee Resettlement (ORR), a part of the Department of Health and Human Services (HHS), refused to permit Doe—who was being housed in a Texas refugee shelter after crossing into the nation alone—to go away the shelter to acquire the abortion. They had been against facilitating the process even after Doe secured a state court docket order authorizing it, in addition to non-public funding and transportation. The ACLU sued the federal government on behalf of Jane Doe, and her being pregnant progressed into the second trimester whereas the case wound by means of the courts. On October 24, an appeals court docket ordered the Trump administration to permit Doe to go away the federal refugee shelter to acquire her abortion and, on the morning of October 25, Doe terminated her being pregnant.
The DOJ’s submitting on Friday alleges that Doe’s attorneys from the ACLU lied to the federal government in regards to the timing of her abortion in order to keep away from one other court docket problem. They argue they had instructed Doe’s legal professionals they deliberate to additional enchantment the October 24th ruling and had requested these legal professionals to tell the federal government when Doe deliberate to have her process. They declare Doe’s legal professionals “misled” the federal government into considering the abortion would happen on October 26.
“Jane Doe’s attorneys scheduled the abortion for the early morning hours of October 25th, thereby thwarting Supreme Court overview,” DOJ spokesman Devin O’Malley stated in an emailed badertion. “In light of that, the Justice Department believes the judgment under review should be vacated, and discipline may be warranted against Jane Doe’s attorneys.”
The ACLU notes that it was below no obligation to tell the Justice Department of the process, and that this Supreme Court submitting is an effort by the federal government to save lots of face “under criticism from anti-choice activists.”
“Having failed to seek an immediate stay when it could have, the Trump administration is now trying to deflect blame by suggesting that the ACLU failed to inform the government that Doe was going to the clinic for her abortion on the morning of October 25,” notes a launch from the ACLU. “But the court order authorized an abortion, and government lawyers knew she could obtain an abortion immediately under the law.”
ACLU authorized Director David Cole added, “That government lawyers failed to seek judicial review quickly enough is their fault, not ours.”