The above link is to the Opinion of the Court in J.D., ON BEHALF OF HERSELF AND OTHERS SIMILARLY SITUATED, ET AL., APPELLEES v. ALEX MICHAEL AZAR, II, SECRETARY, HEALTH AND HUMAN SERVICES, ET AL., APPELLANTS.
This is essentially a redux of Azar v. Hargan. The D.C. Circuit had previously decided this issue, but the judgement was vacated by the Supreme Court and the case ordered dismissed for mootness due to a procedural issue the last time around.
This time, it appears that the standing of the plaintiff is solid.
This cases establishes a right by an unaccompanied immigrant minor, at her own expense, to procure an elective pre-viability abortion. It also ensures that the parents or relatives of the minor will not be notified of her decision against her will.
The Government will not try for an en banc appeal at the D.C. Circuit, as they have already lost en banc last time around in Azar v. Hargan and the result this time would be no different. So they will be likely soon be filing a Petition for a Writ of Certiorari with the Supreme Court.
This time, the Supreme Court has no procedural “out” to use. And it would be almost impossible for them to reverse the judgement of the Court of Appeals without explicitly overruling Roe v. Wade.
However, there is another limited issue that the Supreme Court could take while avoiding the main question of the case. The District Court certified the case as a class action, which the Court of Appeals upheld. The Supreme Court might take the case, but only reverse the class action certification.
Or they may simply pass on the case altogether.
The Judgement of the D.C. Circuit was entered on June 14, so the Government has until Wednesday, September 11 (90 days) to file its Petition.
