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Full DC Circuit reinstates order requiring government to allow teen immigrant to get an abortion
ABA Journal ^ | October 24, 2017 | DEBRA CASSENS WEISS

Posted on 10/24/2017 2:43:26 PM PDT by Lurking Libertarian

An en banc federal appeals court has reinstated an order requiring the U.S. government to allow an abortion for a 17-year-old immigrant who is being held in a federally funded Texas shelter because she is in the country illegally.

The U.S. Court of Appeals for the District of Columbia Circuit issued a 6-3 order (PDF) that overturned an Oct. 20 decision by a D.C. Circuit panel that had delayed the abortion, report Politico, BuzzFeed News and Reuters.

The earlier, 2-1 panel decision had made it possible for the girl to have the abortion without government involvement because it allowed time to find a sponsor who could allow for the girl’s abortion.

Judge Patricia Millett had dissented from the Oct. 20 panel decision. She wrote a concurring opinion that supported the en banc court decision issued Tuesday.

“Fortunately, today’s decision rights a grave constitutional wrong by the government,” Millett wrote.

The girl, identified only as Jane Doe, had gotten a judge’s approval for the abortion and had complied with the legal requirements of state law. She had secured funds to pay for the abortion. [snip]

The government had never argued that the girl’s status as an accompanied minor who entered the United States without documentation eliminated her constitutional right to an abortion, Millett pointed out. “Where the government bulldozed over constitutional lines,” she wrote, was its position that the girl had “the burden of extracting herself from custody if she wants to exercise the right to an abortion that the government does not dispute she has.”

(Excerpt) Read more at abajournal.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; US: Texas
KEYWORDS: abortion; dccircuit; illegal; immigration; lawsuit; proaborts; prolife; texas
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PDF of the Court's decision is here.
1 posted on 10/24/2017 2:43:26 PM PDT by Lurking Libertarian
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To: Lurking Libertarian

Deport her immediately.


2 posted on 10/24/2017 2:45:06 PM PDT by Extremely Extreme Extremist (We're right, you're wrong - that's the end of the argument.)
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To: Extremely Extreme Extremist

OK, put her over the border tonight.


3 posted on 10/24/2017 2:45:51 PM PDT by Mouton (The MSM is a clear and present danger to the republic.)
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To: Extremely Extreme Extremist

Is the court saying if you can get into the US you can demand any medical procedure? Do we taxpayers have to pony up?


4 posted on 10/24/2017 2:47:16 PM PDT by notaliberal (St. Michael the Archangel, defend us in battle,)
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To: Lurking Libertarian

Do what Mexico would do in this situation.. BILL HER HOME COUNTRY FOR IT.


5 posted on 10/24/2017 2:53:57 PM PDT by CivilWarBrewing (Feminism DESTROYED females)
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To: Lurking Libertarian

“A Constitutional right to an abortion”. I don’t think I’ve seen that phrase before. Roe v. Wade found that the government could not prohibit you from getting an abortion, but did not impose on the government an obligation to make sure you get one as a matter of right.


6 posted on 10/24/2017 2:53:57 PM PDT by JewishRighter
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To: JewishRighter

You got it.

They just made up a new right if this holds.

But the larger question is...what Constitutional right does an illegal alien have in the first place?

Aliens only have the rights extended to them by Congress.

Treating her as a citizen is an affront to our Constitution.


7 posted on 10/24/2017 2:57:35 PM PDT by Regulator
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To: notaliberal
Is the court saying if you can get into the US you can demand any medical procedure? Do we taxpayers have to pony up?

Next up will be illegals DEMANDING free birth control pills and Viagra. Of course, maybe we're already giving them that, too...?

8 posted on 10/24/2017 2:59:47 PM PDT by workerbee (America finally has an American president again.)
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To: JewishRighter
Roe v. Wade found that the government could not prohibit you from getting an abortion, but did not impose on the government an obligation to make sure you get one as a matter of right.

The problem is the government is preventing her from exercising her "right".

9 posted on 10/24/2017 3:00:37 PM PDT by semimojo
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To: Regulator

How many weeks has this gone on now, while the poor innocent baby has been growing?

I bet the fiends are clawing over each to other to be the one who gets to do the deed.


10 posted on 10/24/2017 3:01:40 PM PDT by workerbee (America finally has an American president again.)
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To: notaliberal
Do we taxpayers have to pony up?

According to the article, she has obtained financing for it herself.

11 posted on 10/24/2017 3:03:00 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
So let me get this progression straight. Women have a right to abortion. On demand. Regardless of term of pregnancy. And it is Constitutional. And the taxpayers have to pay for it. And it applies to anyone who manages to get into this country, legally or illegally. And you better not bitch about any of this or you are a racist or something.

Liberals.

12 posted on 10/24/2017 3:03:45 PM PDT by fhayek
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To: Lurking Libertarian

This illegal alien invader comes to the USA so that Citizens here can pay to murder her child. Something is wrong with this picture.


13 posted on 10/24/2017 3:04:28 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: Lurking Libertarian

Yes, I read that too, but knowing the courts, taxpayers will have to “pony up” when the illegal sues for us to pay for it


14 posted on 10/24/2017 3:07:57 PM PDT by notaliberal (St. Michael the Archangel, defend us in battle,)
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To: Lurking Libertarian

Next stop USSC.


15 posted on 10/24/2017 3:08:55 PM PDT by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: workerbee

That was my next comment.

Let’s ask the B**ch judge if she’d be free to do the deed.

A 15 week old kid is not a “mass of cells” as this moron lawyer thinks. Or maybe she just doesn’t give a crap.

I read the “opinion”. She mentioned the “child”. Thought she was talking about the baby.

Nope. Was the little puta who jumped the border, and wants to kill her kid with an American “doctor”.


16 posted on 10/24/2017 3:09:09 PM PDT by Regulator
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To: semimojo
The problem is the government is preventing her from exercising her "right".

No, her decision to come to America unaccompanied and under age is preventing her from violating STATE LAW!

This stupid illegal should have crossed the border in California, where she would be living in an apartment overlooking some beautiful ocean bay (on tax payer dime), enjoying the recent dismantling of her child from within her belly (unlike in Texas, this too would be on tax payer dime)!

But, I digress. It is HER actions that are causing this prevention, not the Government. They are following the damn law...unlike this girl!
17 posted on 10/24/2017 3:19:06 PM PDT by ExTxMarine (Diversity is tolerance; diverse points of views will not be tolerated!)
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To: CivilWarBrewing

The Mexicans have invaded our country and taken over.

And not a shot was fired!


18 posted on 10/24/2017 3:23:05 PM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: ExTxMarine
preventing her from violating STATE LAW!

According to the court's opinion, she got an order from a Texas state judge allowing her to get the abortion.

19 posted on 10/24/2017 3:23:19 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

So is she paying for it or some charity and not the taxpayers? She crossed the border a month ago so she was already pregnant then. Coming for her freebies and her “constitutional right”. These people and our judges are treating us citizens as second class.


20 posted on 10/24/2017 3:29:19 PM PDT by Rusty0604
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