ACLU attorneys in Sessions’ cross hairs

In a highly unusual move, the Justice Department asked the Supreme Court on Friday to discipline lawyers for the American Civil Liberties Union because they helped a 17-year old migrant obtain an abortion two weeks ago.

The move escalates a legal battle over abortion that arose when Trump administration officials refused to allow the young woman to leave a refugee center with a guardian to see an abortion provider. Administration officials insisted the government need not “facilitate” abortion by allowing her to leave their custody in South Texas.

But the ACLU sued on her behalf, and a federal judge ruled the federal government must “promptly and without delay” allow the teenager — who has not been publicly identified and is referred to as “Jane Doe” in court documents — to see a doctor to have the abortion she sought.

A U.S. appeals court upheld that ruling on Oct. 24, and she had the abortion — paid for with private funds — early the next day, before the administration could lodge an emergency appeal in the high court.

Attorney General Jeff Sessions and other Trump administration lawyers reacted angrily.

“This was a total surprise. And we’re disturbed about it,” Sessions told Fox News last weekend.

On Friday, new Solicitor General Noel Francisco filed an appeal that asks the Supreme Court to set aside the lower court’s rulings and to consider “disciplinary action” against the ACLU.

They “kept the government in the dark about when Ms. Doe was scheduled to have an abortion,” he told the justices. “Given the extraordinary circumstances” of the case, the court should consider sanctions against one or more of the ACLU lawyers, he said.

The ACLU fired back, saying the blame, if anything, lies with administration lawyers who failed to act quickly to file their emergency appeal on Oct. 24.

“This administration has gone to astounding lengths to block this young woman from getting an abortion,” ACLU legal director David Cole said. “After the courts cleared the way for her to get her abortion, it was the ACLU’s job as her lawyers to see that she wasn’t delayed any further — not give the government another chance to stand in her way.”

Sessions said the abortion took place early in the morning, before the Justice Department could lodge an emergency appeal.

The ACLU lawyers said they did not mislead the government or make any promises about when the abortion would take place.