Monday, October 1, 2018
Marty Lederman: Return to Garza: How ORR is acting without statutory authority (and why DOJ's arguments haven't gotten any better since last year)
Marty Lederman on Balkanization looks at developments in Hargan v. Garza, the case discussed at length in the Brett Kavanaugh confirmation hearings that involves the U.S. government's efforts to prevent minors in immigrtaion custody from obtaining abortions.
District Court Judge Tanya Chutkan has certified a class defined as “all pregnant, unaccompanied immigrant minor children (UCs) who are or will be in the legal custody of the federal government,” and she issued a preliminary injunction that enjoined the federal defendants from, among other things, “interfering with or obstructing any class member’s access to . . . abortion counseling [or] an abortion.” The government has appealed from those orders. The U.S. Court of Appeals for the D.C. Circuit will hear argument in the case on Wednesday morning.
Lederman discusses the U.S. governments in the appeal.