Writ of Certiorari – Injunctive Relief – Abortion

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United States Supreme Court

Case Name: Alex M. Azar v. Rochelle Garza

Case No.: 17-654

Focus: Writ of Certiorari –  Injunctive Relief  – Abortion

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).

The litigation over Doe’s temporary restraining order falls squarely within the Court’s established practice. Doe’s individual claim for injunctive relief—the only claim addressed by the D. C. Circuit—became moot after the abortion. It is undisputed that Garza and her lawyers prevailed in the D. C. Circuit, took voluntary, unilateral action to have Doe undergo an abortion sooner than initially 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 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.

Vacated and Remanded

Dissenting:

Concurring:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.