ACLU tricked the DOJ, thwarting review of immigrant abortion case

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Based on this, the government says it told the Supreme Court clerk's office that it intended to file a motion to stay the abortion the following day, October 25. "At that point, by their own account, Ms. Doe's representatives did three things: they secured the services of Ms. Doe's original physician (who had provided counseling the previous week), moved her appointment from 7:30 to 4:15 a.m. on the morning of October 25, and changed the appointment from counseling to an abortion," the Justice Department alleges. "Although Ms. Doe's representatives informed the government of the change in timing, they did not inform the government of the other two developments—which kept the government in the dark about when Ms. Doe was scheduled to have an abortion." The government also alleges that Doe's representatives did not notify the government or the shelter of the changed in the nature of her appointment. "Efforts to reach respondent's counsel were met with silence, until approximately 10 a.m. EST, when one of her lawyers told the government that Ms. Does had undergone an abortion."

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