The majority decision, he wrote, "is ultimately based on a constitutional principle as novel as it is wrong: a new right for unlawful immigrant minors in US government detention to obtain immediate abortion on demand, thereby barring any government efforts to expeditiously transfer the minors to their immigration sponsors before they make that momentous life decision".
In defending its inchoate and unconstitutional maneuvering to avoid "facilitating" a lawful abortion for which it pays no fees, the Trump administration argues it is respecting "fetal life".
"Today's decision rights a grave constitutional wrong by the government", wrote Judge Patricia A. Millett. Case in point: In Texas and dozens of states, women seeking abortion care are subjected to harmful laws created to shame, punish and pressure their choices - and more than 400 new abortion restrictions have been introduced in state legislatures this year.
So yes, after more than a month of obstruction from the Trump administration, Jane Doe was finally able to get the abortion she chose.
The ACLU had asked the federal district court to allow Doe's case to proceed as a class-action lawsuit, according to The New York Times, to secure a right to abortion for as many as 1,000 unaccompanied, pregnant minors who have immigrated to the us and are in federal custody. While Beeler said the matter was not for her to decide, she also said she thinks there is "no justification" for preventing the girl from getting an abortion.
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Meanwhile, her pregnancy is at 15 weeks - abortions are illegal in the state of Texas after 20 weeks. A motion for class certification filed by the ACLU, which would help all undocumented minors seek abortions without interference from ORR, is pending before a judge.
Penny Nance, CEO and president of Concerned Women for America, said: "Allowing our taxpayers to be entangled in financing and facilitating an abortion for an undocumented teen sets a disgusting precedent".
Lawyers for the Department of Health and Human Services, which is responsible for sheltering children who illegally enter the country unaccompanied by a parent, have said the department has a policy of "refusing to facilitate" abortions and that releasing the teenager would require arranging a transfer of custody and follow-up care. My journey wasn't easy, but I came here with hope in my heart to build a life I can be proud of.
"It can be very harmful to delay an abortion - there are medical and psychological effects", Dr. Jenn Conti, ob-gyn and fellow at Physicians for Reproductive Health, told VOA.
The Central American girl was apprehended earlier this year after crossing the U.S. -Mexico border in September. Texas bans abortion after 20 weeks.
"He pointed out that the ACLU is using the case to try to" create a right to abortion for anyone on earth who enters the US illegally. "Texas must not become a sanctuary state for abortions". Instead, shelters for undocumented minors may support only "pregnancy services and life-affirming options counseling". Federal officials have said the teenager could voluntarily leave the country or find a sponsor in the United States to take custody of her. A spokesperson for the Office of Refugee Resettlement said the girl and her unborn baby are receiving excellent care at the shelter.