Azar v. Garza, 584 U.S. ___ (2018)
Doe, a minor was eight weeks pregnant when she unlawfully crossed the border into the U.S. She was detained by the Office of Refugee Resettlement (ORR), in a federally-funded Texas shelter. Doe requested an abortion. Absent “emergency medical situations,” ORR policy prohibits shelter personnel from “taking any action that facilitates an abortion without direction and approval from the Director.” A minor may leave government custody by seeking voluntary departure, or by working with the government to identify a suitable sponsor” in the U.S., 8 U.S.C. 1229c. Garza, Doe’s guardian ad litem, filed a putative class action on behalf of Doe and “all other pregnant unaccompanied minors in ORR custody.” The district court ruled in Doe’s favor, Doe attended preabortion 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 weekly. The next day, the District of Columbia Circuit vacated portions of the order. Four days later, that court, en banc, vacated the panel order and remanded. Garza obtained an amended order, requiring the government to make Doe available to obtain the counseling and abortion. Believing the abortion would not take place until after Doe repeated the counseling with a new doctor, the government informed opposing counsel and the Supreme Court that it would file a stay application on October 25. The doctor who had performed Doe’s earlier counseling became available at 4:15 a.m. At 10 a.m., Garza’s lawyers informed the government that Doe “had the abortion this morning.” The Supreme Court vacated and remanded for dismissal. Doe’s individual claim for injunctive relief—the only claim addressed by the D. C. Circuit—became moot after the abortion but the unique circumstances and the balance of equities weigh in favor of vacatur. The Court considered but did not decide the government’s allegations that opposing counsel made misrepresentations to thwart review.
Supreme Court vacates D.C. Circuit's decision in a case involving abortion rights of an immigration-detainee minor, after the case became moot because the minor had an abortion.
JUDGMENT ISSUED. |
Motion to lodge non-record material under seal with redacted copies for the public record GRANTED. |
The petition for a writ of certiorari is granted. The en banc order of the United States Court of Appeals for the District of Columbia Circuit is vacated and the case is remanded to that court with instructions to direct the District Court to dismiss the relevant individual claim for injunctive relief as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Opinion per curiam. (Detached Opinion) |
DISTRIBUTED for Conference of 5/31/2018. |
DISTRIBUTED for Conference of 5/24/2018. |
DISTRIBUTED for Conference of 5/17/2018. |
DISTRIBUTED for Conference of 5/10/2018. |
DISTRIBUTED for Conference of 4/27/2018. |
DISTRIBUTED for Conference of 4/20/2018. |
DISTRIBUTED for Conference of 4/13/2018. |
Letter of respondent Rochelle Garza, as Guardian ad Litem to Unaccompanied Minor J.D. filed. |
DISTRIBUTED for Conference of 3/29/2018. |
DISTRIBUTED for Conference of 3/23/2018. |
DISTRIBUTED for Conference of 3/16/2018. |
Record Requested. |
Record received from the U.S.C.A. for the D.C. Circuit. The record is electronic and available on PACER. SEALED materials transmitted separately. |
Record received from the U.S.D.C. for the District of Columbia. The record is electronic and available on PACER. SEALED materials transmitted separately. |
DISTRIBUTED for Conference of 3/2/2018. |
DISTRIBUTED for Conference of 2/23/2018. |
DISTRIBUTED for Conference of 2/16/2018. |
Letter of January 18, 2018, from counsel for the petitioners received. (Distributed) |
DISTRIBUTED for Conference of 1/19/2018. |
Letter of January 11, 2018 from counsel for respondent received. (Distributed) |
DISTRIBUTED for Conference of 1/12/2018. |
Rescheduled. |
DISTRIBUTED for Conference of 1/5/2018. |
Reply of petitioners Eric D. Hargan, et al. filed. |
Motion to lodge non-record material under seal with redacted copies for the public record filed by petitioners. |
Letter in response to the motion to lodge non-record material under seal with redacted copies for the public record filed by respondent. |
Brief amici curiae of The States of Texas, et al. filed. |
Brief of respondent Rochelle Garza, as Guardian ad Litem to Unaccompanied Minor J.D. in opposition filed. |
Brief amicus curiae of Legal Center for Defense of Life filed. |
Response to Motion Requested. (Due December 18, 2017) |
Motion DISTRIBUTED for Conference of 12/1/2017. |
Motion to lodge non-record material under seal filed by petitioners. |
Petition for a writ of certiorari filed. (Response due December 4, 2017) |
Prior History
- Rochelle Garza v. Eric Hargan [ORDER IN SLIP OPINION FORMAT], No. 17-5236 (D.C. Cir. Oct. 24, 2017)