Published On: Thu, Oct 26th, 2017

Judge rules taxpayers must fund abortion for illegal immigrant teen

The U.S. Court of Appeals for the D.C. Circuit ruled Tuesday that the Trump administration cannot prevent an undocumented illegal immigrant teenager under federal custody in Texas from immediately having an abortion at taxpayer expense. This reverses a ruling issued last week by a three-judge panel that blocked the 17-year-old “Jane Doe,” who crossed the border from Mexico, from getting the procedure right away.
On Tuesday, the Court of Appeals ruled 6-3 to reinstate a Oct. 18 district court decision from Obama-appointed U.S. District Judge Tanya S. Chutkan that Jane Doe, represented by the American Civil Liberties Union, does not need to secure a sponsor or leave the country in order to abort her child at taxpayer expense. Chutkan’s ruling, which the Trump administration appealed, had ordered the federal government to transport Doe to her abortion appointments “promptly and without delay” or allow her to be transported by someone else.

Photo/Nodar Kherkheulidze via wikimedia commons

The six judges on the Court of Appeals were named to the court by Democratic presidents, while those dissenting were Republican nominees. Ironically, in disregard for the unborn child, Obama-appointed Judge Patricia Millett said, “Today’s decision rights a grave constitutional wrong by the government. Remember, we are talking about a child here. A child who is alone in a foreign land. A child who, after her arrival here in a search for safety and after the government took her into custody, learned that she is pregnant.”
Millett was nominated by Obama to what is considered the second highest court in the land. Her extreme pro-abortion views were well known from her writings. She said abortion is needed to free “women from historically routine conscription into maternity.” She said those who oppose forced ObamaCare contraception insurance coverage reinforce “broader patterns of discrimination against women as a class of presumptive breeders.” In a 2011 paper entitled “Against the New Maternalism,” Millett said by celebrating motherhood society is creating a “self-fulfilling cycle of discrimination.” Millett has also criticized ultrasound as “deceptive images of fetus-as-autonomous-being that the anti-choice movement has popularized since the advent of amniocentesis.”
The Trump administration has argued that the federal government is not required to facilitate an abortion for a minor in its custody. The U.S. Department of Health and Human Services has now implemented a new policy under President Trump which discourages abortions among undocumented minors residing in federally-funded shelters. The policy prevents pregnant, unaccompanied minors in shelters from seeking abortions and instead directs them to crisis pregnancy centers.
“This outrageous decision by judicial activists who hold extreme views on abortion and motherhood is shameful,” said Mat Staver, Founder and Chairman of Liberty Counsel. “This decision forces the American taxpayers to fund the brutal killing of an innocent child. An additional irony is that an illegal minor can require Americans to abort her child which otherwise would soon be born as an American citizen. President Trump and the administration would be well within their rights to refuse to enforce this extreme opinion. Thomas Jefferson and Abraham Lincoln refused to allow the Executive Branch to be mere puppets of the Judicial Branch, and history has proven both to be correct. Lincoln refused to enforce Chief Justice Taney’s order and Lincoln won that battle,” said Staver.
About Liberty Counsel
Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.
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