Politics

Supreme Court May Decide If Illegal Teen Can Obtain Abortion

REUTERS/Jonathan Ernst

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Kevin Daley Supreme Court correspondent
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The U.S. Supreme Court may soon encounter an inflammatory and time-sensitive abortion controversy, involving an underage illegal immigrant in federal custody who wishes to terminate her pregnancy.

The controversy was occasioned when a 17-year-old illegal immigrant identified in court papers as Jane Doe, was apprehended in September while illegally entering the United States. Doe, who is currently 15-weeks pregnant, told officials at a federal shelter in Texas that she wished to obtain an abortion.

The Department of Health and Human Services (HHS) has denied her request. The Department says it has no obligation to facilitate abortions, and that Doe could receive an abortion if she leaves the United States.

Texas law forbids abortions after 20 weeks gestation, making Doe’s case extremely time sensitive.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled Friday that HHS can deprive Doe of abortion access until Oct. 31, while the government searches for an adult sponsor to procure the procedure on her behalf. The full D.C. Circuit overturned that decision Tuesday, concluding that the Department’s actions imposed an undue burden on a woman’s right to abortion, in violation to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey.

The Trump administration’s next step would be to seek relief from the Supreme Court. The Justice Department had no comment as to how the government might proceed, though a decision is likely to come quickly.

The justices may have difficulty side-stepping the case, as Doe’s case is common among young women who arrive in the country illegally, and HHS has shown no indication it will revise its policy refusing to enable abortion.

In addition to the Doe abortion controversy, the justices are currently considering a set of challenges to a California law requiring pro-life pregnancy centers to post information about the availability of publicly funded abortions. A decision about the California challenges could come in a matter of days.

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