The U.S. Supreme Court on Monday unanimously threw out a lower court’s decision that had held that when the U.S. government has a pregnant illegal alien teenager in custody, the government must facilitate the teenager’s obtaining an abortion if she wants one. The nation’s highest court held that the case was moot, and struck the lower court’s decision from the books.

“Jane Doe, a minor, was eight weeks pregnant when she unlawfully crossed the border into the United States” and was put in the custody of the U.S. Department Health and Human Services (HHS) because she was pregnant, the Court began in a per curiam (meaning unsigned) opinion. “After a medical examination, Doe requested abortion. But the [Office of Refugee Resettlement] did not allow Doe to go to an abortion clinic.”

An Obama-appointed federal judge issued an emergency order for the teenager to have immediate access to an abortion, holding that it was her constitutional right even though the teenager had recently illegally crossed the U.S. border from Mexico.

The U.S. Court of Appeals for the District of Columbia Circuit, which is currently one of the most liberal federal appellate courts in the county, affirmed, holding that when federal immigration authorities take into custody a female illegal alien who is pregnant, including teenagers, that if that illegal alien wants an abortion, the U.S. Constitution requires the U.S. government to allow and even facilitate the abortion.

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