Judge's order to give illegal alien abortion overruled
A judge’s demand – under threat of a contempt citation – that U.S. government officials provide a taxpayer-funded abortion to an illegal alien teenager has been temporarily halted.
Another hearing is expected to be held as early as Friday in the case, which was brought on behalf of a teen held at a Texas detention center for illegal aliens.
According to Fox News, the U.S. Court of Appeals for the District of Columbia, responding to an appeal from the U.S. Department of Health and Human Services, temporarily suspended an order from the pro-abortion judge in Texas, Tanya Chutkan.
Chuktan had ordered officials on Wednesday to take the teen “promptly and without delay” to an abortion clinic.
The girl, 17, has not been identified in court documents. She is believed to be about 15 weeks pregnant, the report said.
State law in Texas bans most abortions if a woman is more than 20 weeks pregnant and requires them to get counseling from a doctor a day before.
Usually, if the abortion is for a minor, parental consent or a judge’s approval is needed.
A spokeswoman for a pro-abortion organization said the 17-year-old, from Central America, was “counseled” on Thursday.
Federal officials had declined to take her for an abortion or release her to an abortion provider.
HHS had argued to the appeals court, Fox News reported, that its policy was to refuse to facilitate abortions except for “limited circumstances.”
The pro-abortion American Civil Liberties Union found out about the case and took it to court on her behalf.
The conflict highlights the stunning ruling from Chutkan, a Barack Obama nominee, that illegal aliens in the United States have “an unfettered constitutional right” to an abortion.
The judge ruled, “Despite the fact that she’s in this country illegally, she still has constitutional rights.”
The judge argued the girl “will suffer irreparable injury in the form of, at a minimum, increased risk to her health, and perhaps the permanent inability to obtain a desired abortion to which she is legally entitled.”
The teen broke U.S. law when she entered from Mexico without her parents as part of a surge of “unaccompanied alien children” that developed when the Obama administration made it clear that any illegal-alien minors would be granted schooling, health care and other benefits.
HHS itself has said Obama’s administrative decisions “opened the floodgates” to illegal alien children seeking “taxpayer-supported, elective abortions.”
The Washington Times reported Texas Attorney General Ken Paxton said allowing the girl to get an elective abortion would turn Texas into “a sanctuary state for abortions.”
“An unlawfully present alien with no substantial ties to this country has no constitutional right to abortion on demand,” he argued to the appeals court after the judge’s ruling.
Chutkan threatened officials with contempt if they did not “comply with the terms of this order.”
The Times reported the government identified 450 pregnant unaccompanied minors in 2015, and 12 of those obtained abortions.
“The Office of Refugee Resettlement paid for six of those. In 2014, five out of 726 pregnant immigrant minors had abortions. Four of those were government-funded – suggesting they were cases such as rape or incest, which are the exceptions in law that allow for taxpayer funding.”
Americans United for Life’s Catherine Foster expressed to the Times her opposition to an “activist judge” declaring “abortion ‘access’ more important than U.S. law and policy that prohibits federal funding and support of elective abortion.”
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