The undocumented, unaccompanied 17-year-old from Central America secured an abortion, thanks to the ACLU and the DC Court of Appeals. Our last few stories about this human tragedy focused on the Trump administration’s insistence that the ACLU had not been straight about what would happen (and how quickly) once the full DC Court of Appeals decided a minor illegal alien (“Jane Doe”) had a constitutional right to an abortion . For this and other reasons, the Department of Justice filed a petition, asking the Supreme Court to vacate the decision and punish the ACLU.
Texas Attorney General Ken Paxton took the lead, as he has throughout the controversy. Joining Monday’s brief were the attorneys general of Arkansas, Louisiana, Michigan, Missouri, Nebraska, Ohio, Oklahoma, South Carolina and West Virginia, as well the general counsel for the Commonwealth of Kentucky.
The brief from the 11 states reads, “This court should vacate the court of appeals’ order because the Constitution does not confer the right to an elective abortion on unlawfully-present aliens with virtually no ties to the country.” Moreover, it continues, “The States also have ‘a legitimate and substantial interest in preserving and promoting fetal life,’ as well as an ‘interest in promoting respect for human life at all stages in the pregnancy.’”
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