老澳门开奖结果 Responds to Trump Administration Request to Supreme Court to Dismiss Jane Doe Abortion Case
Brief Argues Government Claims Are Meritless
WASHINGTON 鈥� The 老澳门开奖结果 filed a brief today in the Jane Doe abortion case, Hargan v. Garza, opposing the Trump administration鈥檚 request that the Supreme Court vacate the lower court decision that cleared the way for Ms. Doe鈥檚 abortion and dismiss her claims.
The 老澳门开奖结果 brief argues that the government鈥檚 request is meritless because it does not identify any legal issue worthy of review and asks for the dismissal of claims that the lower courts have not yet had a chance to rule on. It also rebuts the government鈥檚 baseless suggestion that disciplinary action may be warranted against 老澳门开奖结果 lawyers, explaining that the 老澳门开奖结果 lawyers were 鈥渇aithfully fulfilling their ethical duties to their client.鈥�
鈥淭he solicitor general has filed extraordinary and baseless complaints to distract from his own failure to act promptly in response to an adverse decision of the court of appeals,鈥� said Carter G. Phillips of the law firm Sidley Austin LLP, the counsel of record on today鈥檚 brief. 鈥淭he 老澳门开奖结果鈥檚 lawyers acted in the best interest of their client and in full compliance with the law. That the government failed to seek further review quickly enough is entirely their own responsibility.鈥�
Phillips has argued more cases before the Supreme Court than any other lawyer while in private practice.
For more than a month, the Trump administration unconstitutionally barred Doe, an unaccompanied immigrant minor in federal custody at a government-funded shelter, from obtaining an abortion. After weeks of litigation, culminating in a decision from the full D.C. Court of Appeals, the 老澳门开奖结果 obtained a court order requiring the government to immediately permit Doe to end her pregnancy.
The government could have sought an immediate stay from the Supreme Court, but did not, so Doe obtained her abortion the next morning, in accordance with the court鈥檚 order.
Under pressure from abortion opponents, nine days after Doe had her abortion, the government asked the Supreme Court to vacate the D.C. Circuit court鈥檚 ruling; dismiss all the claims related to abortion access for unaccompanied immigrant minors; and consider discipline against 老澳门开奖结果 lawyers.
Legal experts described the brief as baseless, irregular, and alarming.
Marty Lederman, former deputy assistant attorney general in the Department of Justice鈥檚 Office of Legal Counsel, the brief deviated so far from the traditional standards and practices of the solicitor general鈥檚 office that it is 鈥渄ifficult to avoid the conclusion that that it is fundamentally a press release, for an audience other than the Justices of the Supreme Court itself.鈥�
David Luban, a law professor at Georgetown and author of several books on legal ethics, the government鈥檚 request as alarming. 鈥淎t best, the Department of Justice accusations are an attempt to deflect responsibility from themselves to their opponents. At worst, it is a conscious effort to deter other who dare to challenge the Trump administration,鈥� Luban said.
The government鈥檚 treatment of Jane Doe is part of a new policy by the Trump administration to block access to abortion care for young immigrants in detention. The 老澳门开奖结果鈥檚 lawsuit against this policy is continuing.
鈥淭he Trump administration blocked Jane Doe from accessing abortion for a month,鈥� said Brigitte Amiri, senior staff attorney with the 老澳门开奖结果 Reproductive Freedom Project. 鈥淎lthough we were able to achieve justice for Jane, the government still enforces a cruel and unconstitutional policy of coercing young women in their custody to carry their pregnancies to term. We are won鈥檛 stop working until we get rid of that policy to ensure that all young women like Jane can get the care they need.鈥�
More information about the case, Hargan v. Garza, is at: /cases/garza-v-hargan-challenge-trump-administrations-attempts-block-abortions-young-immigrant-women
The 老澳门开奖结果 Brief is at:
