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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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To: notaliberal

Yep. She just got here last month.


21 posted on 10/24/2017 3:29:56 PM PDT by Rusty0604
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To: Regulator

And it is an affront to real taxpaying citizens.


22 posted on 10/24/2017 3:31:11 PM PDT by Rusty0604
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To: Lurking Libertarian

Obama and Reid packed this court so tight...


23 posted on 10/24/2017 3:31:15 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: notaliberal

One wonders what the elites would do if every producing American went across the border and returned undocumented. Will that be the only way to get them off our backs?


24 posted on 10/24/2017 3:32:33 PM PDT by Kalamata (Inside Every Liberal is a Totalitarian Screaming to Get Out - D. Horowitz)
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To: Lurking Libertarian

Deport immediately. Let her country of origin deal with it.

What part of “illegal” do these people not understand?


25 posted on 10/24/2017 3:33:25 PM PDT by Skooz (Gabba Gabba we accept you we accept you one of us Gabba Gabba we accept you we accept you one of us)
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To: Lurking Libertarian

This scum is an ILLEGAL ALIEN, not an “immigrant.”


26 posted on 10/24/2017 3:35:41 PM PDT by july4thfreedomfoundation ("You can't fix America without pissing off the people who broke it".....Bill Mitchell)
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To: mrsmith

Obama and Reid packed this court so tight...

that:

” ... The majority’s decision represents a radical extension of the Supreme Court’s abortion jurisprudence. It is in line with dissents over the years by Justices Brennan, Marshall, and Blackmun, not with the many majority opinions of the Supreme Court that have repeatedly upheld reasonable regulations that do not impose an undue burden on the abortion right recognized by the Supreme Court in Roe v. Wade.1 “


27 posted on 10/24/2017 3:38:22 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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Comment #28 Removed by Moderator

To: JewishRighter

There is no constitutional right to an abortion. If there was, 49% of the population cannot exercise that right (men). If it is a right, the Congress must establish a “legal abortion” whereby the petitioning impregnator demands to have all paternal relationships severed. It’s the only fair way to handle equalizing this important Constitutional right across the entire population - as all other Constitutional rights apply universally.


29 posted on 10/24/2017 3:38:33 PM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves.)
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To: Lurking Libertarian

Can’t she get an abortion in Mexico?


30 posted on 10/24/2017 3:40:52 PM PDT by Pearls Before Swine (White is the new Black.)
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To: Lurking Libertarian

Deport her first. Then she can make someone else pay for the abortion.

Or, Trump, make this a moment of declaring the executive as independent as the judiciary with a “try to enforce your writ” statement.


31 posted on 10/24/2017 3:47:54 PM PDT by Wuli
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To: Lurking Libertarian

ok, fine DC court - now what will you do when the girl’s home country sues?


32 posted on 10/24/2017 3:54:32 PM PDT by blueplum ( "...this moment is your moment: it belongs to you... " President Donald J. Trump, Jan 20, 2017)
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To: Lurking Libertarian

.
Illegal immigrants have no rights to anything.

They’re invading criminals.
.


33 posted on 10/24/2017 4:02:28 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Pearls Before Swine

.
>> “Can’t she get an abortion in Mexico?” <<

AFAIK there is a death penalty for performing an abortion in Mexico.
.


34 posted on 10/24/2017 4:04:46 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: notaliberal; Extremely Extreme Extremist
"Is the court saying if any foreigner can get into the US you can demand any medical procedure? Do we taxpayers have to pony up?"

That's exactly what the court is saying.

35 posted on 10/24/2017 4:24:27 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: editor-surveyor
AFAIK there is a death penalty for performing an abortion in Mexico.

Really? Wow.

So, if she gets the abortion here, does she also get to claim some sort of refugee status? Double jeopardy for us--pay for the abortion, pay for her. Of course, if she drops on US soil, she's got an anchor baby, and its double jeopardy for us, anyway.

Cleanest solution--send her back. She's illegally here, anyway.

36 posted on 10/24/2017 4:25:48 PM PDT by Pearls Before Swine (White is the new Black.)
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To: Lurking Libertarian

This child is 4 months along in the womb. Just google images of a 4 month old fetus. This is very sad. The life of that child is on the judge’s hands.


37 posted on 10/24/2017 4:56:33 PM PDT by Pinkbell
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To: Lurking Libertarian

I refuse to pay for baby killing. Stop it!!!


38 posted on 10/24/2017 7:58:03 PM PDT by raiderboy ( "...if we have to close down our government, we’re building that wall.”)
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To: notaliberal; All

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

Exactly!

Can you imagine dragging your pregnant belly over the border of Mexico or Canada and DEMANDING an abortion...RIGHT THIS MINUTE!?!?

What a freakin’ MESS the Socialists in our midst have wrought!


39 posted on 10/24/2017 8:03:32 PM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set!)
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To: blueplum
ok, fine DC court - now what will you do when the girl’s home country sues?

Who are they going to sue? (The U.S. Government has sovereign immunity.)

What are they going to sue for? (The abortion is legal under Texas law.)

40 posted on 10/24/2017 8:19:29 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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