[4]: 1813  In March 2017, new ORR Director Scott Lloyd had forbid federally funded shelters from taking "any action that facilitates" an abortion without his express approval.

[6][4]: 1813  On October 20, a panel of the United States Court of Appeals for the District of Columbia Circuit granted the government's emergency motion to stay Judge Chutkan's order.

[4]: 1814  Circuit Judge Patricia Millett wrote a dissent in which she argued the majority was imposing an undue burden on abortion in violation of Whole Woman's Health v. Hellerstedt (2016).

Circuit reversed the panel majority, reimposing the district court order requiring the government to grant Jane access to an abortion.

[4]: 1815  Judge Henderson dissented, arguing that an undocumented immigrant is not a "person" under the United States Constitution and so does not have rights under the Due Process Clause.

[8] Francisco accused David D. Cole of professional misconduct for not informing the Justice Department that Jane's abortion procedure had been rescheduled to earlier than anticipated.