High Court Rules in Dispute Over Immigrant Teen's Abortion
Featured Legal News
The Supreme Court ruled Monday in a case about a pregnant immigrant teen who obtained an abortion with the help of the ACLU, siding with the Trump administration and wiping away a lower court decision for the teen but rejecting a suggestion her lawyers should be disciplined.
The decision is about the teen's individual case and doesn't disrupt ongoing class action litigation about the ability of immigrant teens in government custody to obtain abortions. The justices ruled in an unsigned opinion that vacating a lower court decision in favor of the teen, who had been in government custody after entering the country illegally, was the proper course because the case became moot after she obtained an abortion.
Government lawyers had complained to the Supreme Court that attorneys for the American Civil Liberties Union didn't alert them that the teen's abortion would take place earlier than expected. The administration said that deprived its lawyers of the chance to ask the Supreme Court to block the procedure, at least temporarily. The Trump administration told the court that discipline might be warranted against the teen's attorneys. The ACLU said its lawyers did nothing wrong.
The Supreme Court said it took the government's allegations "seriously" but the court declined to wade into the finger-pointing between the sides.
"Especially in fast-paced, emergency proceedings like those at issue here, it is critical that lawyers and courts alike be able to rely on one another's representations. On the other hand, lawyers also have ethical obligations to their clients and not all communications breakdowns constitute misconduct," the justices wrote in a 5-page opinion, adding that the court "need not delve into the factual disputes raised by the parties" in order to vacate the decision for the teen.
The teen at the center of the case entered the U.S. illegally in September as a 17-year-old and was taken to a federally funded shelter in Texas for minors who enter the country without their parents. The unnamed teen, referred to as Jane Doe, learned while in custody that she was pregnant and sought an abortion. A state court gave her permission, but federal officials — citing a policy of refusing to facilitate abortions for pregnant minors in its shelters — refused to transport her or temporarily release her so that others could take her for the procedure.
The ACLU helped the teen sue the Trump administration, and after a federal appeals court sided with her, the government was preparing to ask the Supreme Court to step in and block the procedure, at least temporarily.
But the teen, allowed out of the shelter by court order, had an abortion first, about 12 hours after a court gave her the go-ahead. In response, the Trump administration, in a highly unusual filing with the Supreme Court, cried foul. The ACLU has defended its attorneys' actions, saying government lawyers made assumptions about the timing of the teen's abortion.
Related listings
-
Kentucky high court: Death penalty IQ law unconstitutional
Featured Legal News 06/16/2018The Kentucky Supreme Court has ruled that the state's practice for determining if someone is intellectually disabled and not eligible to receive the death penalty is "unconstitutional."News outlets report that the court on Thursday deemed Kentucky's ...
-
Kansas court avoids ruling on execution for student's death
Featured Legal News 06/13/2018The Kansas Supreme Court has postponed a decision on whether the state can execute a man convicted of kidnapping, raping and strangling a 19-year-old college student.The high court on Friday upheld the capital murder conviction of Justin Eugene Thurb...
-
Court: Compliance reached in education funding case
Featured Legal News 06/11/2018A long-running court case over the adequacy of education funding in Washington state has ended, with the state Supreme Court on Thursday lifting its jurisdiction over the case and dropping daily sanctions after the Legislature funneled billions more ...
CHICAGO BUSINESS & CORPORATE LITIGATION LAWYERS
When faced with a legal challenge, your attorneys should help you identify your goals at the beginning of the process. Thereafter, every action that follows must be undertaken with the aim of meeting those goals. Wasted effort equals wasted time and money, that’s something you cannot afford and your attorneys must respect this concept. At Roth Law Group, we counsel our clients to confront their legal challenges aggressively, but with purpose.
As a former Marine Corps Pilot, I learned that you must assess the situation, determine your mission, construct a plan to achieve the mission and execute that plan. As an attorney and small business owner, I apply the same concepts in taking on my client’s legal challenges. And while it is generally preferable to resolve cases early in the process whenever possible, if you have no choice but to fight, you need someone who is willing to aggressively advocate for you. Here at Roth Law Group, we never back down from a challenge and we fight to win. Let our experienced attorneys put you in control of your legal challenges so you can get back to running your business.