12 relists later, Azar v Garza still percolating at the Supreme Court (minor immigrant abortion)


This case regarded an unaccompanied immigrant minor who was pregnant and who ultimately got her abortion. The case ultimately went to an en banc DC Circuit, which overruled a three judge panel of the DC Circuit.

The Trump administration DESPERATELY wants the Supreme Court vacate this case using the Munsingwear doctrine. The doctrine states that cases that are mooted before Supreme Court review should be expunged from the record.

This case has been relisted for conference 12 different times, meaning that it has actually been considered at 13 Supreme Court conferences, the most recent being Thursday, May 17. This suggests either the Justices are deeply and profoundly divided on how to proceed or that a Justice or Justices is writing a lengthy concurrence/dissent to an action the Supreme Court may be about to take.

There are several possible outcomes.

  1. The Supreme Court DENIES certiorari. 6 Justices could be determined to deny the case OR the Justices may simply not be able to agree on how to proceed, leaving this the default outcome. This would likely be accompanied by a loud dissent by one or more of the conservative Justices. Because of the nature of this case, this outcome would be as complete a victory for the Plaintiffs in this case as if the Supreme Court took the case and ruled in their favor.

  2. The Supreme Court SUMMARILY AFFIRMS via a per curiam opinion without oral argument. I see ZERO chance of this happening.

  3. The Supreme Court GRANTS, VACATES and REMANDS with instructions to the DC Circuit to order the District Court to dismiss the case for mootness. Gorsuch, Thomas and Alito and perhaps Roberts might go along with this, but I see very little chance that Kennedy would support this approach.

  4. The Supreme Court GRANTS the Petition for a Writ of Certiorari and set oral arguments for the October 2018 term.

I see options 1 and 4 being the greatest probability. But clearly the Justices are quite divided on this case.

BTW, could possibly get this case on Monday’s order list, which will be out at 9:30 am.

They wanted to petition the Supreme Court for an emergency stay, hoping to run the clock out to her 23rd week of gestation, when she could no longer get the abortion.

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No action today on this case on the Supreme Court order list.

Officially relisted for the 13th time. Conference #14 will occur on Thursday, May 24, with the order list from that conference due Tuesday, May 29. (Monday being a legal holiday.)

Surprised the usual cast around here havent shown their face in here with cries of infanticide, murder, et al.

People don’t get the importance of this case and it is not just abortion that is at stake. Immigrant rights across the board are at stake here.

Nothing on today’s order list regarding Azar.

So we are on to relist #14.

Conference #15 will occur Thursday, May 31 with an order list on Monday, June 4.

why hasn’t the man who impregnated a minor been arrested

You would have to ask Mexico that question.

oh… Mexicans permit this?

She came across the border pregnant. So if a crime was committed, it is exclusively Mexico’s jurisdiction to prosecute it.

what do you mean… “if”.
A crime was committed.