The Case of the Undocumented Teen Who Wants an Abortion Is a Constitutional Hell
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Date: October 23rd, 2017 4:02 PM Author: Disrespectful university
The 90-minute hearing for Garza v. Hargan, as the case is known, was in every which way a judicial spectacle unlike any in recent D.C. Circuit history. The session, which is worth listening to in full, was a microcosm of all the constitutional clashes one might expect the Trump administration to jump into: immigration law and the personhood of undocumented immigrants; the plight of unaccompanied minors; the future of Roe v. Wade; federalism and states’ rights; moral opposition, as a matter of federal policy, to a woman’s exercise of her constitutional rights.
The crux of the government’s argument, presented with a straight face by Catherine Dorsey, a career Department of Justice attorney, was that the administration shouldn’t “facilitate” an undocumented minor’s abortion — in part because the government has an interest in “promoting childbirth and protecting fetal life.” At one point, Kavanaugh suggested that letting J.D. go through with the procedure would make the government “complicit” in something it finds morally objectionable.
http://nymag.com/daily/intelligencer/2017/10/immigrants-abortion-is-a-constitutional-hellhole-for-trump.html
(http://www.autoadmit.com/thread.php?thread_id=3772537&forum_id=2#34510693) |
Date: October 24th, 2017 6:11 PM Author: Insanely Creepy Comical Philosopher-king Community Account
http://www.politico.com/story/2017/10/24/federal-appeals-court-clears-way-for-undocumented-teen-to-get-abortion-244115?lo=ap_d1
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In previous hearings, Trump administration lawyers wouldn’t address whether undocumented minors have constitutional rights such as abortion. Instead, they asserted that federal authorities were under no obligation to facilitate abortions for minors in their care.
Judge Brett Kavanaugh, a George W. Bush appointee who had apparently devised the previous compromise of allowing the administration extra time to help the girl find a sponsor, dissented with the court’s Tuesday decision. He said that the federal government’s stated desire to encourage child-rearing is valid and is entitled to be recognized in the process.
“The Government has permissible interests in favoring fetal life, protecting the best interests of a minor, and refraining from facilitating abortion,” he wrote.
Judge Karen Henderson, a George H.W. Bush appointee, in a separate dissenting opinion argued that the teen, as an undocumented immigrant, lacks constitutional rights, including the right to an abortion. And she criticized the Trump administration for refusing to address that issue.
“The government has inexplicably and wrongheadedly failed to take a position on that antecedent question. I say wrongheadedly because at least to me the answer is plainly— and easily—no,” she said. “To conclude otherwise rewards lawlessness and erases the fundamental difference between citizenship and illegal presence in our country.”
(http://www.autoadmit.com/thread.php?thread_id=3772537&forum_id=2#34520503)
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