Pro-life forces across America on Tuesday pleaded with the federal government to appeal immediately a decision by six Democrat-appointed judges on an appeals court to create a right to taxpayer-funded abortion for an illegal alien.
The abortion could happen at any time, since the teen, represented by the pro-abortion ACLU, already has had mandatory counseling in Texas.
The decision Tuesday came from the full bench of the D.C. Circuit Court of Appeals. A three-judge panel earlier called a halt to the hurried plans by the abortion lobby to have taxpayers fund an elective abortion for the teen, who entered the United States illegally then demanded an abortion.
She’s staying in a federally funded shelter in Texas.
Politico reported six Democrat-appointed judges ruled in favor of ordering the taxpayers to pay for the abortion, while three Republican appointees objected.
The report said a Justice Department official confirmed that the order was being reviewed, but it wasn’t clear whether a further appeal would be made.
Politico said the counseling might have to be repeated, because the abortionist who performed the previous exam last week won’t be available in the next few days.
The report said one judge, Patricia Millett, who nominated by the radically pro-abortion Barack Obama, said the court today “correctly recognizes that J.D.’s unchallenged right under the Due Process Clause affords this 17-year-old a modicum of the dignity, sense of self-worth, and control over her own destiny that life seems to have so far denied her.”
However, the decision effectively grants constitutional rights to a non-citizen who entered the country illegally.
Judge Brett Kavanaugh, appointed by George W. Bush, argued the government “has permissible interests in favoring fetal life, protecting the best interests of a minor, and refraining from facilitating abortion.”
Judge Karen Henderson warned that as an illegal immigrant, the teen lacks constitutional rights.
She said the Trump administration should have weighed in.
“The government has inexplicably and wrongheadedly failed to take a position on that antecedent question. I say wrongheadedly because at least to me the answer is plainly – and easily – no,” she said. “To conclude otherwise rewards lawlessness and erases the fundamental difference between citizenship and illegal presence in our country.”
Students for Life of American President Kristan Hawkins said the judges are creating a “tragedy.”
She said they put “the partisan interests of abortion over a teenager’s true needs for help. Expanding a so-called ‘right’ of a taxpayer-facilitated abortion to apply to any woman who happens to be on U.S. soil goes against the pro-life views of a majority of Americans, and certainly against the views of most Americans who don’t want their tax dollars paying to end life.”
She said the United States “should not become an abortion destination spot for the world.”
“Shame on Planned Parenthood and the ACLU for using this teenager to try and create Roe v. Wade 2.0 in the courts.”
Marjorie Dannenfelser, the head of the Susan B. Anthony List, went further, contending the ACLU is “pushing its larger agenda of making the United States a sanctuary nation for abortion.”
“This shameful ruling must not stand. The Trump administration’s policy is compassionate and consistent with American laws and values, and we hope to see them appeal this decision.”
Penny Nance, CEO and president of Concerned Women for America, said: “Allowing our taxpayers to be entangled in financing and facilitating an abortion for an undocumented teen sets a horrible precedent. We do not want our nation to be known as a place where illegal immigrants can come in order to procure free abortions.
“And let’s remember that abortion is not health care. If we want to talk about providing care for undocumented minors who cross our border, then let’s be honest about the fact that there were two lives that crossed our border. There is a fully formed, unborn baby whose life is on the line here. An ultrasound would show that he or she has easily recognizable fingers, toes, and eyes,” Nance said.
“We implore the Trump administration to quickly appeal the decision and pray that Jane Doe changes her mind about having an abortion.”
District Judge Tanya Chutkan ordered last Wednesday that the teen be given an abortion by Saturday.
The government argued the teen can return to her country of origin to terminate her pregnancy, and the three-judge appeals panel put a temporary halt on Chutkan’s order.