WASHINGTON (CN) - Saying the government’s unconstitutional conduct requires direct intervention, attorneys for a minor trying to get an abortion asked the D.C. Circuit late Sunday to hold an en banc rehearing.
“While this litigation proceeds, a seventeen-year-old pregnant woman waits to hear whether she will be able to have the abortion she desires or whether instead the government will be allowed to force her to continue the pregnancy and have a baby against her will,” the American Civil Liberties Union said in a 14-page emergency petition. “Our government has held her in this unlawful position for almost a month; this court should not allow this injustice to continue any longer.”
The ACLU’s challenge erupted last month when authorities apprehended the girl, identified in the court record only as Jane Doe or J.D., for a purportedly illegal border crossing.
Doe’s country of origin is under seal by the court, but the ACLU notes that “she is approximately 15-1⁄2 weeks pregnant, and she strongly desires an abortion.”
As is its practice with unaccompanied minors from Central America apprehended at the border, the government turned Doe over to a private shelter run by a company contracted by the U.S. Department of Health and Human Services.
Doe was still in the first trimester of her pregnancy at the time. The ACLU notes that her court-appointed guardian is standing ready to transport her to an abortion clinic, but the government has refused to let them make an appointment.
Though a federal judge ordered the government to stand aside, the D.C. Circuit vacated that ruling Friday, saying the government should instead secure a sponsor for Doe who can arrange for her medical care.
Attorneys for Doe call this unacceptable, pointing out that the practical result of the court's Oct. 31 deadline is that Doe will be unable to get an abortion until November, “pushing her closer to the point at which abortion is barred under Texas law.”
“The Supreme Court has never countenanced government action that forces a woman to delay her abortion for anywhere approaching this length of time,” the petition states.
While the ACLU is fighting for more immediate relief, the government is after a further delay, asking the court to stay the Oct. 20 order pending appeal.
In its petition the ACLU calls the government’s conduct “blatantly unconstitutional, violating forty years of Supreme Court precedent.”
“The health center stands ready to provide the care; and private funds have been provided to pay for the procedure,” the petition states. “All defendants must do is to step aside and stop blocking the door.”