Abortion case pits Texas and HHS vs. ACLU

Thursday, October 12, 2017
 | 
Charlie Butts (OneNewsNow.com)

gavel with Lady of JusticeThe legal battle isn't over for an illegal immigrant youth seeking an abortion.

The 17-year-old girl from Central America is about 14 weeks' pregnant and wants to abort the child – but the U.S. Department of Health and Human Services refuses to allow her to be released from custody in Texas to have the abortion. Nicole Hudgens of Texas Values says Texas took a stand for life.

"We're thankful that the Texas attorney general, Ken Paxton, has filed a brief in this court case to protect innocent human life as well as the rule of law," she tells OneNewsNow.

The case was heard before U.S. Magistrate Laurel Beeler in San Francisco. The American Civil Liberties Union, which is representing the teenager, filed the case in Beeler's court seeking to amend an existing lawsuit pending there.

One issue raised in the hearing was keeping on track with federal law, says Hudgens.

Hudgens

"Certainly when you're dealing with the Department of Health and Human Services being involved, they in no way can use federal funds to have anything to do with an abortion due to the Hyde Amendment," she explains.

However, private funds have been raised to pay for the abortion, yet federal officials are fighting against it.

After hearing arguments in the case, Judge Beeler ruled the federal government cannot bar someone from having an abortion, but refused to issue an order to that effect saying the ACLU filed in the wrong court.

The ACLU is now considering whether to take the case to a federal judge in Texas or Washington, DC.

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