KBJ writes solo dissent in Supreme Court abortion ruling

The Supreme Court ruled on a lawsuit on Monday that a state clerk cannot be sued for violating the rights of a teenage girl by telling her that she must notify her parents before seeking an abortion without their consent. The case was brought forward in 2018 by a teenager in Missouri who accused state clerk Michelle Chapman of violating her rights when she sought an abortion at 17 without her parents’ knowledge. The Supreme Court decided to remand the case to the lower court for dismissal using the Munsingwear vacatur remedy.

Justice Ketanji Brown Jackson wrote a dissent to the decision as she believes that “it is crucial that we hold the line and limit the availability of Munsingwear vacatur to truly exceptional cases”.

In Missouri, teenagers must get parental consent before getting an abortion, but minors can bypass this requirement by requesting a court hearing. The teenage girl, referred to as Jane Doe, went to court to seek a judicial bypass When Doe went to court to seek a judicial bypass, Chapman told her that she would need to notify her parents of the hearing before it could take place. Doe then chose to bypass the hearing and traveled to Illinois to have the abortion instead.

The teenager sued Chapman for violating her constitutional rights; however, the lower courts ruled that Chapman could not be granted quasi-judicial immunity. The lawsuit was later thrown out after both parties agreed to dismiss the charges.

Chapman requested the Supreme Court to consider the case again last year since the precedent had changed after the court overturned Roe v. Wade. According to Chapman, the lawsuit should have been sent down to the lower court due to the changing precedent. Nevertheless, Doe’s attorneys argued the lawsuit should be considered moot because both parties had agreed to dismiss the case. Jackson agreed with that sentiment, stating that it should not be considered unfair that Chapman lost her right to appeal the case since both parties had already dismissed the lawsuit before the Roe v. Wade case was overturned.