Two Obama judges on the DC Circuit Court struck down Trump’s policy of preventing illegals who are minors from getting abortions:
THE HILL – The D.C. Circuit Court of Appeals on Friday ruled against the Trump administration’s policy of blocking undocumented pregnant teenagers in federal custody from obtaining abortions.
In the opinion, the judges wrote that they “are unanimous in rejecting the government’s position that its denial of abortion access can be squared with Supreme Court precedent.”
The Trump administration in 2017 effectively adopted a policy that stopped pregnant teenagers from seeking abortions, even during the earlier months of their pregnancies.
The judges noted in the opinion issued Friday that the policy only applies to minors in federal custody, and that undocumented immigrants 18 years or older in federal custody are allowed to obtain abortions. They also highlighted the policy’s lack of exemptions, including one for rape.
The court was divided in the opinion two to three: Judge Sri Srinivasan and Robert Wilkins, both Obama appointees ruled against the Trump administration. Senior Circuit Judge Laurence Silberman, a Reagan appointee, filed a dissenting opinion.
Last year the Supreme Court threw out a lower court ruling against the Trump administration that allowed a 17-year-old illegal immigrant to get an abortion. It wasn’t really a victory because the girl turned 18 and thus the policy became moot.
But my guess is that this time the courts will have to take up the issue as I fully expect the Trump administration to appeal this decision.
A law and justice writer for the New York Times suggests that if this goes to the Supreme Court, Kavanaugh will have to recuse himself which could be detrimental to the Trump administration:
This is the same case that helped Brett Kavanaugh secure his nomination and in which he strained precedent to rule the other way.
If DOJ appeals this, he’d have to recuse. And if the Supreme Court splits 4-to-4, this ruling against the Trump administration would stand. https://t.co/v1fJtETg67
— Cristian Farias (@cristianafarias) June 14, 2019