Supreme Court vacates and remands in Azar v Garza, with instructions to dismiss as moot

Below is the per curiam decision in Azar v Garza, the immigrant minor abortion controversy. Unfortunate, but in line with precedent regarding mootness.

Now this crap will start all over again with another plaintiff.

(Note to Mods: As a work of the federal government, the following is in the public domain. Attribution is given to the United States Supreme Court.)

Cite as: 584 U. S. ____ (2018) 1
Per Curiam
SUPREME COURT OF THE UNITED STATES
ALEX M. AZAR, II, SECRETARY OF HEALTH AND
HUMAN SERVICES, ET AL. v. ROCHELLE
GARZA, AS GUARDIAN AD LITEM TO
UNACCOMPANIED MINOR J.D.
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED
STATES COURT OF APPEALS FOR THE DISTRICT
OF COLUMBIA CIRCUIT
No. 17–654. Decided June 4, 2018
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.”
Plaintiff’s 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 ORR’s policy. Complaint
2 AZAR v. GARZA
Per Curiam
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 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 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 restraining order. Noting that the Government
had assumed for purposes of this case that Doe
had a constitutional right to an abortion, the panel concluded
that ORR’s policy was not an “undue burden,”
Planned Parenthood of Southeastern Pa. v. Casey, 505
U. S. 833, 876 (1992) (plurality opinion).
Four days later, on October 24, the Court of Appeals,
sitting en banc, vacated the panel order and remanded the
case to the District Court. Garza v. Hargan, 874 F. 3d
735, 735–736 (CADC 2017). The same day, Garza sought
an amended restraining order. Garza’s lawyers asked the
District Court to order the Government to make Doe
available “in order to obtain the counseling required by
state law and to obtain the abortion procedure.” Pet. for
Cert. 12 (emphasis deleted). The District Court agreed
and ordered the Government to act accordingly. Doe’s
representatives scheduled an appointment for the next
morning and arranged for Doe to be transported to the
clinic on October 25 at 7:30 a.m.
The Government planned to ask this Court for emergency
review of the en banc order. Believing the abortion
would not take place until October 26 after Doe had repeated
the state-required counseling with a new doctor,
the Government informed opposing counsel and this Court
that it would file a stay application early on the morning
of October 25. The details are disputed, but sometime
Cite as: 584 U. S. ____ (2018) 3
Per Curiam
over the course of the night both the time and nature of
the appointment were changed. The doctor who had
performed Doe’s earlier counseling was available to perform
the abortion after all and the 7:30 a.m. appointment
was moved to 4:15 a.m. At 10 a.m., Garza’s lawyers informed
the Government that Doe “had the abortion this
morning.” Id., at 15 (internal quotation marks omitted).
The abortion rendered the relevant claim moot, so the
Government did not file its emergency stay application.
Instead, the Government filed this petition for certiorari.
When “a civil case from a court in the federal system . . .
has become moot while on its way here,” this Court’s
“established practice” is “to reverse or vacate the judgment
4 AZAR v. GARZA
Per Curiam
tially expected, and thus retained the benefit of that favorable
judgment. And although not every moot case will
warrant vacatur, the fact that the relevant claim here
became moot before certiorari does not limit this Court’s
discretion. See, e.g., LG Electronics, Inc. v. InterDigital
Communications, LLC, 572 U. S. ___ (2014) (after the
certiorari petition was filed, respondents withdrew the
complaint they filed with the International Trade Commission);
United States v. Samish Indian Nation, 568
U. S. 936 (2012) (after the certiorari petition was filed,
respondent voluntarily dismissed its claim in the Court of
Federal Claims); Eisai Co. v. Teva Pharmaceuticals USA,
Inc., 564 U. S. 1001 (2011) (before the certiorari petition
was filed, respondent’s competitor began selling the drug
at issue, which was the relief that respondent had sought);
Indiana State Police Pension Trust v. Chrysler LLC, 558
U. S. 1087 (2009) (before the certiorari petition was filed,
respondent completed a court-approved sale of assets,
which mooted the appeal). The unique circumstances of
this case and the balance of equities weigh in favor of
vacatur.
The Government also suggests that opposing counsel
made “what appear to be material misrepresentations and
omissions” that were “designed to thwart this Court’s
review.” Pet. for Cert. 26. Respondent says this suggestion
is “baseless.” Brief in Opposition 23. The Court takes
allegations like those the Government makes here seriously,
for ethical rules are necessary to the maintenance of a
culture of civility and mutual trust within the legal profession.
On the one hand, all attorneys must remain
aware of the principle that zealous advocacy does not
displace their obligations as officers of the court. Especially
in fast-paced, emergency proceedings like those at issue
here, it is critical that lawyers and courts alike be able to
rely on one another’s representations. On the other hand,
lawyers also have ethical obligations to their clients and
Cite as: 584 U. S. ____ (2018) 5
Per Curiam
not all communication breakdowns constitute misconduct.
The Court need not delve into the factual disputes raised
by the parties in order to answer the Munsingwear question
here.
The petition for a writ of certiorari is granted. The
Court vacates the en banc order and remands the case to
the United States Court of Appeals for the District of
Columbia Circuit with instructions to direct the District
Court to dismiss the relevant individual claim for injunctive
relief as moot. See Munsingwear, supra.
It is so ordered.