It's been four decades since the U.S. Supreme Court declared abortion to be a right under the Constitution.
Since then, there have many court challenges, many arguments at all levels of the court system.
Now comes another case that will probably go all the way to the nation's highest court.
At the center of the dispute is a 17-year-old illegal immigrant who crossed the border into Texas in September. She was quickly detained by federal authorities.
During a health screening, it was determined the girl is pregnant. She requested to be freed from detention in order to get an abortion.
Now, under state law a minor cannot get an abortion without parental consent or a judge's approval. A Texas state judge gave the OK.
But the federal government said the girl would not be released.
The American Civil Liberties Union filed a lawsuit against the Department of Health and Human Services, saying the agency violated a previous Supreme Court ruling barring the government from putting a substantial barrier in the path of a woman seeking an abortion.
The government argued the solution was simple under current rules-the girl could voluntarily leave the U.S. for an abortion or be released into the care of a a guardian. So far, no guardian has been found.
On Monday, a three-judge panel for the U.S. Court of Appeals for the DC Circuit ruled HHS did not have to release the girl pending action toward finding a sponsor by Oct 31. If no sponsor is found, the court would revisit the matter.
In response, the ACLU asked for a hearing before the full court. And considering the liberal slant of the court, they may get what they want.
That would be a shame.
For better or worse, abortion is legal. This girl, however, is an illegal alien. She is in custody. The government's policy is not to facilitate abortions for minors here illegally.
There is a means for her to have an abortion almost immediately if that's what she wants-voluntarily go back to her own country. That is all she is owed.
But that's not what this is ultimately about. The girl wants an abortion only on her terms. She doesn't want to choose between the procedure and any chance at remaining in the United States.
And that's not a precedent our nation needs.
Chances are this will go to the U.S. Supreme Court. The girl is 16 weeks pregnant at this point. Since Texas bans most abortions at 20 weeks, it's possible that, no matter how the court rules, the baby's life could be spared.
That would, at least, be one victory.