The Department of Justice is charging that the pro-abortion American Civil Liberties Union had an abortionist show up at 4:15 a.m. to do a taxpayer-funded abortion on a teen illegal alien after telling the court that the procedure would not happen until the following day.

The abortion was rushed, according to a new DOJ filing with the U.S. Supreme Court, because government attorneys were preparing to ask the high court to review the case after Democrat-appointed appellate judges effectively created a right to abortion for illegal aliens.

While the abortion on the illegal-alien teen is over, the precedent must be overturned, they argue.

The teen, while housed in a taxpayer-funded shelter in Texas, demanded that taxpayers pay for an abortion. The ACLU eventually obtained an abortion order from the D.C. Circuit Court of Appeals endorsed only by judges picked by Democrats.

Read the tested and proven strategies to defeat the abortion cartel, in “Abortion Free: Your Manual for Building a Pro-Life America One Community at a Time.”

The Washington Times reported Justice Department lawyers said they had been preparing to ask the Supreme Court to take up the case, “but the ACLU’s speedy abortion for the girl identified in court documents only as ‘J.D.’ short-circuited that.”

The brief reads: “The government planned to seek an emergency stay from this court before Ms. Doe could obtain an abortion. Ms. Doe’s appointment was changed so that instead of obtain counseling at 7:30 a.m. on October 25, she would undergo an abortion at 4:15 a.m. that morning, just hours before the government planned to file its stay application.”

The Washington Examiner, under a headline citing a “web of deceit” by the ACLU, noted the ACLU “misled” the government.

The government’s brief said: “After informing Justice Department attorneys that the procedure would occur on October 26th, Jane Doe’s attorneys scheduled the abortion for the early morning hours of October 25th, thereby thwarting Supreme Court review.

“In light of that, the Justice Department believes the judgment under review should be vacated, and discipline may be warranted against Jane Doe’s attorneys.”

In a column for the Examiner, Margot Cleveland noted the government suggests the teen’s lawyers should be forced to prove “why disciplinary action should not be taken against respondent’s counsel – either directly by this court or through referral to the state bars to which counsel belong – for what appear to be material misrepresentations and omissions to government counsel designed to thwart this court’s review.”

The government filing said the government had asked to be kept informed of the timing of the abortion procedure, and “one of the respondent’s counsel agreed.”

It was on Oct. 25 that the DOJ was planning to file an appeal with the Supreme Court.

Cleveland wrote that the additional facts “should placate those in the pro-life community who, upon learning that Jane Doe had aborted her baby, wrongfully inferred that the Department of Justice had opted not to appeal the circuit court decision to the Supreme Court.”

She continued: “While the Supreme Court cannot bring Jane Doe’s baby back to life, it can, and should, vacate the D.C. Circuit’s decision and make clear that aliens detained at our country’s border do not hold a constitutional ‘right’ to abortion. The Supreme Court should also severely sanction the ACLU for its deceit.”

WND reported when the ACLU succeeded in having the unborn child aborted.

The abortion had been authorized six Democrat-appointed judges on the D.C. Circuit Court of Appeals, who were blasted by a variety of organizations for creating a new “right” to abortion at taxpayer expense even for those who have broken U.S. laws to enter the country.

Marjorie Dannenfelser, president of the Susan B. Anthony List, said, “We are deeply saddened to learn that Jane Doe’s child has been aborted.

“Our thoughts are foremost with the young girl, who has now been saddled with the death of her child before she has even reached her 18th birthday – a terrible burden for anyone to carry, much less at such a tender age and so far from home. We ask that the pro-life community and all compassionate Americans keep her and her child in their prayers.”

She continued: “We unequivocally reject abortion advocates’ narrative that justice has been done in this case. Instead the extreme agenda of the abortion lobby and the ACLU has claimed two victims and made a cruel mockery of the ‘American dream.’ We will continue to oppose all efforts to impose a so-called constitutional right to abortion and turn the United States into a sanctuary nation for abortion.”

The organization previously praised the government, which, through its Department of Health and Human Services, argued that abortion is not “health care.”

Politico reported three Republican appointees on the court opposed the abortion demand.

Students for Life of American President Kristan Hawkins said the judges 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.”

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.

Read the tested and proven strategies to defeat the abortion cartel in “Abortion Free: Your Manual for Building a Pro-Life America One Community at a Time.”

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