Campaign Action
On Friday, Oct. 20, an appeals court in Washington, D.C., ruled that the Trump administration cannot block a 17-year-old undocumented immigrant woman in a detention facility from getting an abortion. In case you are keeping count, that’s now two individual judges (one at the state level, one at the federal level) and an appeals court panel of three judges that have all come to the same conclusion: this young woman has the right to have an abortion if she wants one. Yet the administration is still persisting in its attempt to force this woman into motherhood.
Despite three court rulings that have been on her side, it is still a real possibility that Jane Doe, as the teen is known, will not get the abortion that she seeks. In Friday’s ruling, while the court said the administration couldn’t block her from an abortion, they also gave immigration authorities until Oct. 31 to find her a sponsor so that she can legally remain in the country. This has caused Doe to seek another legal alternative and, as of Sunday night, her lawyers have filed her case with the full appeals court in Washington.
Attorneys with the American Civil Liberties Union moved Sunday night to escalate the legal fight to the full D.C. Circuit after a three-judge panel issued a 2-1 decision Friday trying to forestall a definitive ruling in the case. That panel gave authorities until the end of the month to try to find the teen an adult sponsor, who could then help her get an abortion if she still desires one. [...]
"Every additional day she must remain pregnant against her will places a severe strain on J.D., both physically and emotionally. Every additional week the government delays her abortion increases the risks associated with the procedure," the teen's attorneys wrote in the petition for en banc review filed with the D.C. Circuit just after 10 P.M. Eastern Time Sunday. "In a matter of weeks, J.D. will no longer be able to get an abortion at all, and the government will have forced J.D. to have a child against her will."
Doe is already 15 weeks pregnant, and Texas bans abortions at 20 weeks. While there are varying opinions about the moral, ethical, and religious facets of abortion, this shouldn’t be a debate. And yet somehow, three different government agencies are weighing in and preventing Doe from having access to a medical procedure that the law and several judges all agree that she is entitled to—all under the guise of “caring for human dignity.”
A spokesperson for [Health and Human Services’s] Administration for Children and Families issued a statement Friday evening defending its actions in the case.
"For however much time we are given, the Office of Refugee Resettlement and HHS will protect the well-being of this minor and all children and their babies in our facilities, and we will defend human dignity for all in our care," the statement said.
If this is true, where is the dignity for Jane Doe? After all, she is a living, breathing, flesh-and-blood human being in their care, while her fetus is not. At 17 years old, in immigration custody, and not ready to be a parent, this might be one of the most ethical and responsible decisions she can make. But whether or not one agrees with abortion or is vehemently opposed to it isn’t the issue here. She has a legal right to it, the case for her to have one without parental consent has been made and won three different times, and the government is still not allowing her to be released from the facility in order to get it. This is cruelty, and a complete invasion of privacy.
It is also deeply hypocritical. In an email earlier this month, the head of refugee resettlement (Trump appointee Scott Lloyd) acknowledges Jane Doe’s emotional distress as indicated by a doctor. But instead of making sure she is taken care of and has access to the abortion she seeks, he not only tries to force her into spiritual counseling, he also attempts to keep her from seeing her lawyers.
If reading this email and knowing that they are intentionally denying Jane Doe an abortion isn’t enough to both terrify you and make you incredibly angry, there’s more. The place that Lloyd suggests she be taken to get an ultrasound is CPC of Greater Phoenix. This is what is on the front page of their website:
In 1982, Dave and JoAnn Everitt founded Crisis Pregnancy Centers of Greater Phoenix. Under their leadership, the ministry grew to be one of the largest CPC organizations in the country, seeing over 170,000 client visits to their metro Phoenix locations, and promoting Biblical sexual integrity to students in over 80 schools annually.
Since those early days, CPC of Greater Phoenix has not ceased to advocate for the Biblical values of the sanctity of human life, abstinence, and marital fidelity to be restored as a foundation for our lives, our families, our community and the nation.
This administration is determined to terrorize and control women. And if this isn’t stopped immediately, this is the beginning of a slippery slope and will mark an irredeemable chapter in American history. Women’s rights to privacy and autonomy around reproductive issues should never, ever be a political football. Our rights to these things should be non-negotiable. This is grotesque, shameful, and not befitting of a civilized society. Jane Doe deserves justice—now.