As Twitchy reported, the Trump administration and the ACLU clashed in court last fall over what the ACLU has hashtagged #JusticeForJane. At issue was whether the government should facilitate an abortion for a 17-year-old minor who had crossed illegally into the United States a month earlier and was in federal custody.

A judge ordered that “Jane Doe” be transported “promptly and without delay” to have the procedure. U.S. District Judge Tanya S. Chutkan said the teen’s legal status was “irrelevant” and that “she still has constitutional rights” despite being in the country illegally. All the government had to do, she said, was to process the paperwork just as they would if the girl needed to have her tonsils removed.

Deputy Assistant Attorney General Scott Stewart, however, said in court filings that the government had a strong interest “in not providing incentives for pregnant minors to illegally cross the border to obtain elective abortions while in federal custody.”

On Monday, in what The Daily Caller referred to as “a partial victory for the Trump administration,” the Supreme Court vacated the lower court ruling requiring the government to facilitate an abortion for an undocumented minor in federal custody. However, it also noted that the girl had procured the abortion before the justices could consider the case.

The ACLU, however, considers Monday’s ruling by the Supreme Court as anything but a victory for the Trump administration and came out swinging.

Worth noting: Tax dollars did not pay for the abortion; it was understood that Jane Doe would cover the expenses herself or with help through her court-appointed guardian.


Can we back up a bit to the part about “young immigrants” having a constitutional right to an abortion?