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Federal court affirms undocumented teen's right to abortion, but delays the procedure

Federal court affirms undocumented teen's right to abortion, but delays the procedure

The Department of Health and Human Services argued to the appeals court that the department had a policy of "refusing to facilitate abortions" except in 'very limited circumstances'. However, the Health and Human Services Department (HHS) has refused to grant her permission to leave the shelter for the abortion.

But Dorsey argued that Doe had not only the option of finding a sponsor, but also the ability to willingly return to her home country and seek an abortion there.

The three-judge Court of Appeals panel hearing this case is clearly split, with one judge appearing to accept the government's argument and another clearly wanting to uphold Chutkan's ruling.

"The government may not ban abortion for anyone", Amiri said. And then, "if they choose", both the government and Doe can "immediately appeal" the district court's decision. The 17-year-old is now 15 weeks pregnant, and at 20 weeks will no longer be allowed to get an abortion in Texas.

Kavanaugh would effectively be sacrificing any serious chance of making it to SCOTUS if he acts in a manner that paves the way for Jane Doe to control her reproductive decisions. "That is a veto power".

When the United States apprehends unaccompanied minors from Central America at its border, it generally turns them over to facilities run by private HHS contractors. If the case is not resolved before 18 weeks, she will have to make two round-trip drives across hundreds of miles to obtain abortion care.

On Wednesday, a federal district judge ordered officials with the Office of Refugee Resettlement to let Doe leave her government-financed shelter to get an abortion Friday or Saturday.

The U.S. Circuit Court of Appeals for the District of Columbia gave administration officials until October 31 to find a relative or other qualified adult willing to act as the teen's sponsor in the United States - removing her from federal custody and allowing her access to an abortion she has been fighting more than three weeks to get.

Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit, who crafted Friday's order. Though he probed both attorneys on the process for sponsorship, neither could provide a specific timeframe for how long that would take.

The minor illegally entered the US last month from Mexico without her parents as part of the surge of unaccompanied alien children who have streamed into the country in the past five years.

That requires safeguards to ensure there are no delays and that the minor can quickly access an abortion anonymously, and without parental consent, Amiri said. Kavanaugh may think he has played the conciliator in this case.

Judge Millett noted that Doe has not requested asylum and that deportation proceedings have not started. "They went with her yesterday to the counseling appointment".

The lawyer also took issue with the government's argument that it is acting in Doe's "best interest".

WASHINGTON ― A federal appeals court has allowed the Trump administration to continue to prevent an undocumented teen from obtaining an abortion, potentially prolonging an unwanted pregnancy up to 11 more days. Their attitude seems to be that any time they are in a position to force a pregnancy to be carried to term, they can, because otherwise they are "affirmatively facilitating" an abortion, which courts have recognized they are not obliged to do.

"I think it's ludicrous", Amiri told reporters of the government's unwillingness to weigh in on the issue.

"They are holding her hostage and preventing her from having an abortion", Amiri said. The court said the process would not "unduly burden the minor's right under Supreme Court precedent to an abortion" provided that "the process of securing a sponsor to whom the minor is released occurs expeditiously".

"The fact that they are unwilling to acknowledge basic Supreme Court precedent in that regard is nearly as shocking as denying Jane Doe her very well-settled constitutional right to an abortion", she said. She was authorized to undergo the procedure without parental consent almost a month ago. "That is getting out of her way".

If Jane Doe has not secured a sponsor by October 31, the court may re-enter a temporary restraining order, preliminary injunction, or other appropriate order, according to the ruling that came down Friday.

"We are disheartened the ruling rewards ideologically motivated lawsuits filed in multiple courts by the ACLU and abortion advocates", the administration said in its statement.

Photo Activists demonstrating in Washington in support of a young, undocumented immigrant seeking an abortion in Texas.



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