The Trump administration has asked the U.S. Supreme Court to block an emergency order to allow an illegal immigrant in federal custody to obtain an abortion.
On Monday afternoon, federal district court Judge Tanya Chutkan issued a temporary restraining order to stop the government from preventing two illegal immigrant teenagers, known in court documents as Jane Roe and Jane Poe, from having abortions.
The government, however, is only appealing the abortion of Roe, who is said to be 10 weeks pregnant. The administration is asking the court to block Chutkan's ruling for Roe for a minimum of two weeks to allow them to vet the sponsor that was appointed for the teenager. The sponsor could then allow the immigrant to obtain an abortion, but without the federal government facilitating it.
The second girl, Poe, is believed to be 22 weeks pregnant, and had reportedly changed her mind about getting an abortion just two weeks prior to the lawsuit. The government simply states that they are not seeking a stay in her case due to "differing circumstances."
Life News noted that Poe is rapidly approaching the 24-week mark when most states outlaw the procedure.
The American Civil Liberties Union (ACLU) which filed the lawsuit on behalf of the girls noted that Poe was in her second trimester, but is not known exactly how many weeks pregnant she is because she had not gone through an ultrasound.
Chutkan placed a 24-hour hold on her temporary restraining order to give the government time to appeal her ruling until Tuesday, and it was extended by the D.C. Circuit Court of Appeals. However, Chutkan had lifted the 24-hour hold on Poe since the government did not appeal the order blocking her procedure.
In a court filing on Tuesday, the Justice Department noted that Roe is 19-years-old, not 17, as previously believed, and that she is being transferred from the Office of Refugee Resettlement to the Department of Homeland Security as an adult.
The Justice Department further stated that the transfer will be completed imminently and "will materially affect the viability and review" of the restraining order issued by Chutkan.
In October, the D.C. appeals court had issued a ruling allowing another illegal immigrant teenager to have an abortion. After the teenager, identified only as Jane Doe, had obtained the procedure in Texas, the state's attorney general, Ken Paxton, warned that a bad pattern could follow.
"This ruling not only cost a life. It could pave the way for anyone outside the United States to unlawfully enter and obtain an abortion," he said.
Government attorneys have petitioned the Supreme Court to vacate the ruling on Doe, alleging that the ACLU misled them about the schedule of her abortion.