The United States Supreme Court struck down the decision of a federal appeals court on Monday that permitted underage girls to seek permission from a court to undergo an abortion without notifying their parents.
According to The Epoch Times, Associate Justice Ketanji Brown Jackson was the sole member of the nine justices to dissent against the ruling. The case, Chapman v. Doe, court file 22-312 vacated the ruling of the appeals court based upon the precedent of United States v. Munsingwear, Inc, one that enables the court to vacate a ruling that has been rendered moot without creating a new precedent.
ScotusBlog reports, “The case stemmed from a lawsuit alleging that the clerk, Michelle Chapman, violated the rights of a pregnant 17-year-old, known as Jane Doe. Under Missouri law, Doe was required to obtain written permission from at least one parent before obtaining an abortion. But the law also allows minors to bypass that requirement by going to court, which can grant permission after holding a hearing. When Doe went to the courthouse in 2018 to seek a judicial bypass, Chapman interpreted Missouri laws to require her to notify Doe’s parents of the hearing. Doe instead opted to go to Illinois, where she obtained a judicial bypass and, later, an abortion.”
Subsequently, the unidentified minor filed a civil rights lawsuit against Chapman claiming her 14th Amendment Rights were violated. Chapman argued that as an officer of the court following Missouri statute and a Judge’s order was immune to the lawsuit. The Eighth Circuit Court of Appeals allowed the case to proceed, finding in its opinion that the right to bypass parental consent was “clearly established under the 14th Amendment,” according to Epoch Times.
In her dissent, Jackson noted, “judicial decisions are valuable and should not be cast aside lightly, especially because judicial precedents ‘‘are not merely the property of private litigants,’’ but also belong to the public and ‘‘legal community as a whole.’”
“This case presents absolutely no ‘extraordinary’ circumstances,” she said.
“In my view, it is crucial that we hold the line and limit the availability of Munsingwear vacatur to truly exceptional cases,” she said.
While the court’s “core principles warrant an exceedingly cautious approach to Munsingwear vacatur requests,” Jackson observed, “our recent practices reflect a sharp uptick in the number of vacaturs awarded.”
KETANJI BROWN JACKSON HAS DOWNRIGHT CRAZY ANSWER TO A SIMPLE QUESTION
She added, “that contemporary practice related to so-called ‘Munsingwear vacaturs’ has drifted away from the doctrine’s foundational moorings.”
Sen. Marsha Blackburn: “Can you provide a definition for the word woman?”
Judge Ketanji Brown Jackson: “I can’t… I’m not a biologist.”
— Benny Johnson (@bennyjohnson) March 23, 2022
Justice Jackson Brown infamously responded to Senate questioning about the definition of a woman by stating “I can’t… I’m not a biologist.”
In November, President Joe Biden claimed that Jackson Brown is the “Smartest Person On The Supreme Court.”
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