Promoters of abortion are aggressively pursuing a legal strategy to establish a new constitutional right to abortion for illegal aliens. Young girls are entering our country unlawfully, while pregnant, and a cadre of attorneys demand that courts compel the Trump Administration to be complicit in facilitating abortions for them.
This combination of illegal immigration and demands for a right to abortion may be opening people’s eyes to both. To those who support abortion, do they support a right for illegal aliens to abortion here?
The D.C. Circuit convened en banc, which is a rare sitting of all its active judges, for the majority Clinton and Obama-nominated judges to declare a constitutional right to abortion by illegal aliens. Then the attorneys pushing this issue for a 17-year-old girl, who apparently entered our country unlawfully while pregnant, arranged for a middle-of-the-night abortion to circumvent timely review by the U.S. Supreme Court.
The abortion mooted the case, and the precedent of the en banc D.C. Circuit ruling supposedly settled the issue for use nationwide. Ordinarily there is nothing left to appeal when a case is moot.
But something did not sit well with the Supreme Court Justices, perhaps including Justice Kennedy. He had silently sided with expanding the rights to abortion in Whole Woman’s Health v. Hellerstedt (2016), which overturned a Texas pro-life law, but is he really fine with establishing a new right to abortion for pregnant girls unlawfully entering the United States from countries having pro-life laws?
Perhaps not, and perhaps that is leading him and others to rethink their logic towards abortion. Trump’s Solicitor General Noel Francisco brilliantly appealed the D.C. Circuit concerning the pregnant illegal alien to the Supreme Court, after finding a precedent that authorizes overruling decisions that were mooted by a subsequent factual development.
Solicitor General Francisco also requested that the High Court consider disciplining the attorneys on the other side who arranged for such an irregular abortion to evade Supreme Court review. The lack of respect for the orderly administration of justice – not to mention the possible exploitation of the immigrant girl – should be troubling even to those who support abortion.