Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBrett Kavanaugh - potential SCOTUS justice
Last edited Thu Jul 5, 2018, 10:51 PM - Edit history (1)
Garza v Hargan:Garza revolves around Jane Doe (as she is described in court filings), an undocumented minor who came to the United States in September without her parents. The government placed Doe in a federally funded shelter, where she learned that she was pregnant. She requested an abortion, but the shelter refused, following guidance issued by the Office of Refugee Resettlementa wing of the Department of Health and Human Services that oversees shelters for undocumented, unaccompanied minors like Doe. In March, ORR announced that these shelters could not take any action that facilitates abortion for unaccompanied minors, including scheduling appointments, transportation, or other arrangement, without direction and approval from Scott Lloyd, the agencys director.
Lloyd, a Trump appointee and anti-abortion activist, refuses to provide such approval. Instead, he directs shelters to take pregnant minors to crisis pregnancy centers to be counseled out of their decision. At least once, he has also personally called a minor to urge her not to terminate her pregnancy. Does shelter took her to a crisis pregnancy center, but it did not change her mind
A staff member at the shelter then called Does mother and informed her that her daughter was pregnant. Still, Doe wanted the abortion. She went before a state judge and obtained judicial bypass, as required by Texas law when a minor wants an abortion without parental consent. But the federal government declined to honor the judges decision. It ordered the shelter to prevent Doe from getting the abortion that, under Texas law, she is legally entitled to obtain.
More
Despite the fact that Doe has been granted a judicial bypass by the Texas courts, and despite a federal court having ordered that she be allowed to have the procedure, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit refused to order the Department of Health and Human Services to allow her to have the procedure. In four weeks she will be too far along in her pregnancy to terminate in Texas, yet the federal appeals court told HHS last week that they now have 11 days to find a sponsor to take charge of Jane Doe. That is a process that can take months. This week, her lawyers asked the full D.C. Circuit to revisit that decision.
Jane Doe, a pregnant teenager currently staying at a shelter for unaccompanied immigrant children in Texas, has been prevented from getting an abortion by the Office of Refugee Resettlement (ORR). She has already been subjected to egregious delays to her medical care as well as counseling and procedures without her consent:
1 - The Department of Health and Human Services required her go to a government approved counselor at a religiously affiliated, anti-abortion Crisis Pregnancy Center, which urged her to continue her pregnancy.
2 - Federal officials forced her to have a medically unnecessary sonogram against her will.
3 - ORR blocked her from travelling to her medical visits, even after judicial authorization and after her court-appointed attorney and guardian have offered to provide transportation to the abortion provider. She has also secured private funding for her abortion.
Federal officials told Janes mother about her abortion despite her clear wishes not to tell her parents and despite Jane getting a court order under Texas law to consent to her abortion without notification of or consent from her parents. Jane did not want to involve her parents because they were physically abusive to an older sister who became pregnant.
In December, the ACLU became aware of two additional unaccompanied immigrant minors in ORR custody in two additional states (other than Texas) who sought but were refused access to abortion by ORR. On December 15, we returned to court seeking another temporary restraining order prohibiting the government from blocking these young women (known as Jane Roe and Jane Poe in court papers) from accessing abortion.
The government contended that because Jane Roe and Jane Poe are in the governments care, the government is entitled to determine what it thinks is in their best interest and act accordingly; however, in the states in which these young women are detained, even a parent could not veto a minors decision to obtain an abortion.
1 - The Department of Health and Human Services required her go to a government approved counselor at a religiously affiliated, anti-abortion Crisis Pregnancy Center, which urged her to continue her pregnancy.
2 - Federal officials forced her to have a medically unnecessary sonogram against her will.
3 - ORR blocked her from travelling to her medical visits, even after judicial authorization and after her court-appointed attorney and guardian have offered to provide transportation to the abortion provider. She has also secured private funding for her abortion.
Federal officials told Janes mother about her abortion despite her clear wishes not to tell her parents and despite Jane getting a court order under Texas law to consent to her abortion without notification of or consent from her parents. Jane did not want to involve her parents because they were physically abusive to an older sister who became pregnant.
On October 25, Jane Doe obtained an abortion
In December, the ACLU became aware of two additional unaccompanied immigrant minors in ORR custody in two additional states (other than Texas) who sought but were refused access to abortion by ORR. On December 15, we returned to court seeking another temporary restraining order prohibiting the government from blocking these young women (known as Jane Roe and Jane Poe in court papers) from accessing abortion.
The government contended that because Jane Roe and Jane Poe are in the governments care, the government is entitled to determine what it thinks is in their best interest and act accordingly; however, in the states in which these young women are detained, even a parent could not veto a minors decision to obtain an abortion.
Judge Henderson dissented, arguing that J.D. (Jane Doe) was not a person under the Due Process Clause, and thus did not have the same abortion rights citizens do.
Judge Kavanaugh also dissented, joined by Judges Henderson and Griffith. He defended the panels decision allowing more time to find a sponsor who could remove J.D. from ORRs custody, characterizing the en banc majoritys decision as creating a new right for unlawful immigrant minors in U.S. Government detention to obtain immediate abortion on demand.
39. Id. at 752 (Kavanaugh, J., dissenting).
Instead, he would have held that sponsorship is not an undue burden, arguing that avoiding the need for the government to facilitate the abortion successfully balances the parties interests.
In other words, immigrants at the border/ in detention don't have rights under the Constitution because they aren't recognized as "people" under said Constitution.
Judge Kavanaugh also dissented, joined by Judges Henderson and Griffith. He defended the panels decision allowing more time to find a sponsor who could remove J.D. from ORRs custody, characterizing the en banc majoritys decision as creating a new right for unlawful immigrant minors in U.S. Government detention to obtain immediate abortion on demand.
39. Id. at 752 (Kavanaugh, J., dissenting).
Instead, he would have held that sponsorship is not an undue burden, arguing that avoiding the need for the government to facilitate the abortion successfully balances the parties interests.
Kavanaugh earlier suggested the young girl could wait until she had a sponsor who would "facilitate" an abortion, though she already had been waiting and Texas law has a 20 weeks cut-off. The longer she had to wait the less likely she could get a legal abortion.
The government (Trump/Sessions) threw up all kinds of roadblocks and even knowing this, Kavanaugh still claimed there was no undue burden on the young girl to obtain a sponsor in order to get an abortion. Kavanaugh also argued that the government had a vested interest in forcing the young girl to carry her child to term.
Amy Coney Barrett would vote to overturn Roe V Wade
Raymond Kethledge
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
5 replies, 2704 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (5)
ReplyReply to this post
5 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Brett Kavanaugh - potential SCOTUS justice (Original Post)
Solly Mack
Jul 2018
OP
There is something out there about this one saying a president probably can't be indicted....
bettyellen
Jul 2018
#1
"Seems to" is pretty important there. Never saw anything but speculation about that.
bettyellen
Jul 2018
#4
bettyellen
(47,209 posts)1. There is something out there about this one saying a president probably can't be indicted....
And a rumor that DT said hes decided on this guy just yesterday. We know he doesnt give a damn about abortion and is in full self preservation mode
Solly Mack
(90,764 posts)2. Here is a link about that
andytheteacher
(37 posts)3. Mueller believes he can't indict a President
Mueller seems to think you can't indict a sitting President. If that's the case, it's not headed to the SC. But yea obviously Trump doesn't care about abortion he just cares about his base....who cares about abortion.
bettyellen
(47,209 posts)4. "Seems to" is pretty important there. Never saw anything but speculation about that.
Solly Mack
(90,764 posts)5. ...