J.D. v. Azar
United States Court of Appeals for the District of Columbia Circuit
925 F.3d 1291 (2019)
- Written by Miller Jozwiak, JD
Facts
In 2017, the federal government (defendant) instituted a policy banning unaccompanied alien children (UACs)—minors who arrive in the United States without a legal guardian and without lawful immigration status—in its custody from receiving pre-viability abortions. In one instance, a UAC was raped before coming to the United States; under the policy, the government attempted to compel the UAC to carry the pregnancy to term. This UAC and a group of others (plaintiffs) sued the government, claiming the policy violated their constitutional rights. They also sought class certification. The district court granted class certification and a preliminary injunction in favor of the UACs against enforcement of the policy. The court’s preliminary injunction included two key parts: (1) it prohibited the government from interfering with certain UACs’ access to abortion or other pregnancy-related care, and (2) it prohibited the government from forcing certain UACs to reveal their pregnancy or abortion decisions to anyone. The government appealed, challenging, among many other things, the grant of the preliminary injunction.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Dissent (Silberman, J.)
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