The DOJ is also asking the Supreme Court to throw out the lower court ruling that allowed "Jane Doe," a 17-year-old in the custody of the U.S. government, to abort her baby.

According to the brief the DOJ filed with the Supreme Court, the ACLU moved Jane Doe's abortion appointment to a day earlier than was originally planned and "kept the government in the dark about when Ms. Doe was scheduled to have an abortion."

Jane Doe's lawyers replaced a pre-abortion appointment with the actual abortion, according to the DOJ, and then informed the government after the baby had been aborted.

The ACLU "misled the United States as to the timing of Jane Doe's abortion," said DOJ spokesman Devin M. O'Malley. "After informing Justice Department attorneys that the procedure would occur on October 26th, Jane Doe's attorneys scheduled the abortion for the early morning hours of October 25th, thereby thwarting Supreme Court review."

"In light of that, the Justice Department believes the judgment under review should be vacated, and discipline may be warranted against Jane Doe's attorneys," said O'Malley.

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