Morning Briefing
Summaries of health policy coverage from major news organizations
Undocumented Pregnant Girl Allowed To Get Abortion After Full Court Overturns Panel's Decision
A federal appeals court on Tuesday cleared the way for a 17-year-old immigrant held in custody in Texas to obtain an abortion. The full U.S. Court of Appeals for the District of Columbia Circuit ruled 6-3 in favor of the teen. The decision overturned a ruling by a three-judge panel of the court that at least temporarily blocked her from getting an abortion. The Trump administration could still appeal the decision to the Supreme Court. (10/24)
On Sunday the girl’s lawyers had asked the full court to set aside the decision, saying that they’ve exhausted their options to find a sponsor. They said the delay brings the girl, now close to 16 weeks pregnant, dangerously close to the states’ 20-week limit on abortion. The court’s full bench split along party lines with six Democrat appointed judges ruling in favor, three Republican appointees bitterly denouncing the decision and one Democratic appointee recusing herself. (Rayasam and Gerstein, 10/24)
In a concurring opinion, Judge Patricia Millett of the U.S. Court of Appeals for the D.C. Circuit writes that the teenager has satisfied all the requirements under Texas law to obtain an abortion. She also says, "The government has bulldozed over constitutional lines" in its argument that the girl should leave the country voluntarily if she wants an abortion. (McCammon, 10/24)
Although the ruling directly affects only the one pregnant teenager who brought the case, it strongly indicates that the appeals court, which has jurisdiction over federal agencies nationwide, would strike down efforts by administration officials to block abortions in similar cases. The ACLU, which represented Doe, says that in the last year, administration officials repeatedly have tried to prevent pregnant minors in detention from having abortions. (Savage, 10/24)
In the previous ruling from Friday, the court gave the Department of Health and Human Services until 5 p.m. on Oct. 31 to find a sponsor. (Savransky and Wheeler, 10/24)
She was already nine weeks into her first trimester by the time she learned she was pregnant. And by then, she was already in federal custody at the border in Texas, one of the multitude of unaccompanied minors caught trying to enter the United States without their parents or relatives. She was 17 years old. That simple pregnancy test set off a dramatic legal battle between civil rights lawyers and the Trump administration, after the teenager made it known that she wanted an abortion. (Fernandez, 10/24)
In other news —
The Iowa Supreme Court has maintained a block on a three-day waiting period for women seeking an abortion until a legal challenge concludes, a decision cheered by abortion-rights advocates. The provision was signed into law in May by former Republican Governor Terry Branstad, part of new regulations that also included a ban on most abortions after 20 weeks. (Kenning, 10/24)
New abortion regulations took effect on Tuesday in Missouri that critics argue will make it more difficult for women to access the procedure. A judge on Monday declined to block a requirement that physicians performing abortions inform their patients about abortion risks at least 72 hours before their procedure. Previously, a different provider could give that mandated information. (Kenning, 10/24)