Supreme Court Vacates Ruling Facilitating Immigrant Abortion

Sharolyn Smith

Political Director

In early June, the U.S. Supreme Court, in Azar v. Garza, threw out a lower court ruling that forced the Trump administration to help facilitate an abortion for an illegal immigrant minor. The court’s decision is important because it is a victory for unborn babies, but also because it eliminates a court precedent that sided with radical abortion activists. The high court said the matter is not debatable any longer since the teen already aborted her baby and is no longer in federal custody. But, it also allowed other similar lawsuits to continue through the courts.

Seventeen-year-old “Jane Doe” came to the U.S. illegally and was staying at a taxpayer-funded shelter in Texas when she requested an abortion. The shelter cited a new government policy requiring taxpayer-funded shelters for immigrants and refugees to offer life-affirming support to women and girls who are pregnant. The shelter took “Jane Doe” to a pro-life pregnancy center, but she did not change her mind and scheduled an abortion appointment. The shelter refused to transport her to the appointment.

The ACLU sued on the teen’s behalf and, after a series of appeals, prevailed in federal appeals court. Before Trump administration lawyers could seek a stay from the Supreme Court, early one morning in October 2017, the ACLU took the young woman for an abortion on her 16-week-old unborn baby.

President of Concerned Women for America, Penny Nance, explained, “Allowing our taxpayers to be entangled in financing and facilitating an abortion for an undocumented teen sets a horrible precedent. Let’s remember that abortion is not health care. If we want to talk about providing care for undocumented minors who cross our border, then let’s be honest about the fact that there were two lives that crossed our border.”

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