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Morning Briefing

Summaries of health policy coverage from major news organizations

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Tuesday, Jun 5 2018

Full Issue

In Decision Narrowly Focused To One Case, Supreme Court Sides With Administration Over Pregnant Immigrant Teen

The justices ruled in an unsigned opinion that vacating a lower court decision in favor of the teen, who had been in government custody after entering the country illegally, was the proper course because the case became moot after she obtained an abortion.

The Associated Press: High Court Rules In Dispute Over Immigrant Teen's Abortion

The Supreme Court ruled Monday in a case about a pregnant immigrant teen who obtained an abortion with the help of the American Civil Liberties Union, siding with the Trump administration and wiping away a lower court decision for the teen but rejecting a suggestion her lawyers should be disciplined. The decision is about the teen's individual case and doesn't affect an ongoing class-action case about the ability of immigrant teens in government custody to obtain abortions, the ACLU said. The justices ruled in an unsigned opinion that vacating a lower court decision in favor of the teen, who had been in government custody after entering the country illegally, was the proper course because the case became moot after she obtained an abortion. (Gresko, 6/4)

Politico: Supreme Court Wipes Out Appeals Court Ruling In Immigrant Abortion Case

The action means the question is all but certain to arise again, particularly given the Trump administration’s policy of resisting actions it views as facilitating abortions for minors. The high-profile case, which dates back to last fall, was the first in a series of court battles over abortion policy in the relatively obscure Health and Human Services’ Office of Refugee Resettlement (ORR), which is responsible for the care of unaccompanied minors who enter the country illegally. Monday’s court order, one of the first of abortion cases with Supreme Court Justice Neil Gorsuch on the bench, comes after weeks of delay suggesting that there might have been conflicting opinions behind the scenes of the court, but no dissenting opinion was issued. (Gerstein and Rayasam, 6/4)

The Wall Street Journal: Supreme Court Vacates Ruling On Undocumented Minor’s Abortion

The high court’s action hands a potential boost to the administration as it continues to defend its stance because the lower-court precedent will no longer exist. Related litigation is continuing, and the issue could come back to the Supreme Court. The court’s action came in an unsigned opinion with no recorded dissents. A Washington, D.C., appeals court ordered the administration in October to let the teenager leave government custody so she could get an abortion. The girl—from an unnamed country—had crossed the southern U.S. border in September when she was eight weeks pregnant. (Kendall, 6/4)

CQ HealthBeat: High Court Finds Case Of Immigrant Teen Moot After Abortion

HHS and DOJ said in a joint statement that the administration was pleased with the court’s decision to set aside the lower court ruling, which would have let a minor get an abortion while in custody. "The Supreme Court has repeatedly made clear that the federal government is not obligated to help a minor get an abortion and may choose policies favoring life over abortion," said the agencies. "A pregnant minor who is in the country illegally can leave federal custody by returning to her home country, for example, but American taxpayers are not responsible for facilitating her abortion. We look forward to continuing to press the government’s interest in the sanctity of life.” (Raman, 6/4)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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