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Merrick Garland Approved Illegal Alien Teen's US Abortion

Terence P. Jeffrey on

Three-and-a-half years ago, two alien children were caught illegally crossing the Mexican border into the United States.

One of these children decided she wanted to terminate the life of the other.

She was the 17-year-old mother. The other was the seven-week-old baby in that mother's womb.

The agency that arrested this pregnant teenager turned her over to the Office of Refugee Resettlement, which placed her in a shelter. She demanded an abortion. But the office, which had a policy of not facilitating abortions, declined to facilitate hers -- as it sought to find her a sponsor.

Once a sponsor took custody of her, moreover, she would have been free to terminate her child in the United States.

But some lawyers took up the case of this pregnant illegal alien teen and sued the government on her behalf. The Fifth Amendment, they argued, guarantees abortions to pregnant foreign teenagers arrested while illegally trying to enter the United States.

 

An Obama-appointed district judge agreed.

The Department of Health and Human Services appealed to the U.S. Court of Appeals for the District of Columbia, where Merrick Garland -- President Joe Biden's current nominee to be attorney general -- was then chief judge.

Texas was joined by eight other states in filing an amicus brief that made a simple point: This illegal alien was free to leave the United States and pursue an abortion elsewhere.

A three-judge panel ruled 2-to-1 in favor of HHS.

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