Azar v. Garza, 060418 FEDSC, 17-654

Docket Nº:17-654
Opinion Judge:PER CURIAM.
Party Name:ALEX M. AZAR, II, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. ROCHELLE GARZA, AS GUARDIAN AD LITEM TO UNACCOMPANIED MINOR J. D.
Case Date:June 04, 2018
Court:United States Supreme Court
 
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584 U.S. ___ (2018)

ALEX M. AZAR, II, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL.

v.

ROCHELLE GARZA, AS GUARDIAN AD LITEM TO UNACCOMPANIED MINOR J. D.

No. 17-654

United States Supreme Court

June 4, 2018

          ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

          PER CURIAM.

         Jane Doe, a minor, was eight weeks pregnant when she unlawfully crossed the border into the United States. She was detained and placed into the custody of the Office of Refugee Resettlement (ORR), part of the Department of Health and Human Services. ORR placed her in a federally funded shelter in Texas. After an initial medical examination, Doe requested an abortion. But ORR did not allow Doe to go to an abortion clinic. Absent "emergency medical situations, " ORR policy prohibits shelter personnel from "taking any action that facilitates an abortion without direction and approval from the Director of ORR." Plaintiffs Application for TRO and Motion for Preliminary Injunction in Garza v. Hargan, No. 17-cv-2122 (D DC), Dkt. No. 3-5, p. 2 (decl. of Brigitte Amiri, Exh. A). According to the Government, a minor may "le[ave] government custody by seeking voluntary departure, or by working with the government to identify a suitable sponsor who could take custody of her in the United States." Pet. for Cert. 18; see also 8 U.S.C. § 1229c; 8 CFR §§236.3, 1240.26 (2018).

         Respondent Rochelle Garza, Doe's guardian ad litem, filed a putative class action on behalf of Doe and "all other pregnant unaccompanied minors in ORR custody" challenging the constitutionality of ORRs policy. Complaint in Garza v. Hargan, No. 17-cv-2122 (D DC), Dkt. No. 1, p. 11. On October 18, 2017, the District Court issued a temporary restraining order allowing Doe to obtain an abortion immediately. On October 19, Doe attended pre-abortion counseling, required by Texas law to occur at least 24 hours in advance with the same doctor who performs the abortion. The clinic she visited typically rotated physicians on a weekly basis.

         The next day, a panel of the Court of Appeals for the District of Columbia Circuit vacated the relevant portions of the temporary...

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