When a expecting, undocumented 17-calendar year-outdated being in a federal refugee shelter in Texas sought an abortion in 2017, it was the career of Scott Stewart, then a Division of Justice lawyer, to assist defend the ultimatum issued by the Trump administration: go by way of with the being pregnant — or leave the place.
The girl had received a courtroom purchase making it possible for her to have the technique, but the government was blocking her from leaving the shelter for the appointment. That choice, Mr. Stewart argued, did not generate an undue burden on the minor. “She can get relief with voluntary departure,” he argued.
A federal choose, declaring herself “astounded” by the argument, disagreed and ordered the federal government to enable the slight to go by way of with the abortion.
Mr. Stewart now finds himself once once again at the heart of a substantial-profile abortion circumstance, a single that may possibly direct to a person of the most consequential rulings on reproductive legal rights in many years.
Mr. Stewart, who was appointed the solicitor general for Mississippi in February, on Wednesday will protect the state’s legislation prohibiting abortions right after 15 weeks of pregnancy and specifically problem Roe v. Wade and Planned Parenthood v. Casey, both equally of which affirmed the correct to abortion before fetal viability.
“Roe and Casey are egregiously erroneous,” he wrote in the court short. “The conclusion that abortion is a constitutional ideal has no foundation in textual content, composition, record, or tradition.”
Mr. Stewart graduated from Princeton College and examined regulation at Stanford. He clerked for Justice Clarence Thomas on the Supreme Court and Choose Diarmuid F. O’Scannlain of the U.S. Courtroom of Appeals for the Ninth Circuit. He served in the U.S. Department of Justice’s Business of Lawful Counsel and labored in private practice as a litigator. As deputy assistant attorney common in the Civil Division of the Justice Division, he offered more than 40 oral arguments in the federal courts of appeals.