Azar v. Garza
Azar v. Garza | |
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Holding | |
Judgment below should be vacated and remanded with a direction to dismiss when a federal civil case has become moot while on its way to the Supreme Court. | |
Court membership | |
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Case opinion | |
Per curiam | |
Laws applied | |
U.S. Const. amend. XIV |
Garza v. Hargan (Azar v. Garza after Alex Azar's confirmation as United States Secretary of Health and Human Services) is a case before the United States Court of Appeals for the District of Columbia Circuit regarding a juvenile undocumented immigrant in the custody of U.S. Immigration and Customs Enforcement who sought to have an abortion.[1][2][3]
Background
In early September 2017, a seventeen-year-old
The ORR refused to allow Jane to leave the shelter to have her abortion.
On October 18, 2017, U.S. District Judge
On October 24, the full
Supreme Court
On November 3, 2017, the Solicitor General of the United States, Noel Francisco, petitioned the Supreme Court of the United States for a writ of certiorari to vacate the D.C. Circuit's ruling and moved for sanctions against Jane's lawyers at the American Civil Liberties Union.[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.[8] According to Francisco, this wrongfully prevented the government from seeking an emergency order from the Supreme Court blocking the procedure.[8]
On June 4, 2018, the Supreme Court granted review and
Related developments
On December 18, 2017, Judge Chutkan granted relief to two additional pregnant girls in ORR care who had sued for access to an abortion.[12] On March 30, 2018, Judge Chutkan certified the pregnant girls' lawsuit as a class action and ordered the government to provide access to abortions to all girls in ORR's custody.[13]
Further reading
- Leach, B. (2021). "At the Borders of the Body Politic: Fetal Citizens, Pregnant Migrants, and Reproductive Injustices in Immigration Detention." American Political Science Review
References
- ^ "A Federal Appeals Court Just Ruled That An Undocumented Teen Can Get An Abortion". BuzzFeed. Archived from the original on October 25, 2017. Retrieved October 24, 2017.
- ^ "Abortion decision for undocumented 17-year-old in US custody delayed". ABC News. October 21, 2017. Archived from the original on October 24, 2017. Retrieved October 24, 2017.
- from the original on October 25, 2017. Retrieved October 24, 2017.
- ^ a b c d e f g h i j k l m n o p q Note, Recent Case: En Banc D.C. Circuit Upholds Order Requiring HHS to Allow an Undocumented Minor to Have an Abortion, 131 Harv. L. Rev. 1812 (2018).
- ^ Peters, Jeremy W. (5 April 2018). "Under Trump, an Office Meant to Help Refugees Enters the Abortion Wars". The New York Times. p. A1. Archived from the original on 18 June 2018. Retrieved 18 June 2018.
- D.D.C.Oct. 18, 2017).
- D.C. Cir.2017).
- ^ a b c Liptak, Adam (3 November 2017). "Justice Department Accuses A.C.L.U. of Misconduct in Abortion Case". The New York Times. p. A10. Archived from the original on 18 June 2018. Retrieved 18 June 2018.
- ^ Azar v. Garcia, 584 U. S. ____ (2018).
- ^ "Azar v. Garza". Oyez. Archived from the original on August 1, 2018. Retrieved August 3, 2018.
- ^ Liptak, Adam (4 June 2018). "Supreme Court Rejects Bid to Discipline A.C.L.U." The New York Times. p. A14. Archived from the original on 18 June 2018. Retrieved 18 June 2018.
- ^ Astor, Maggie (18 December 2017). "2 Undocumented Teenagers Must Be Allowed Abortions, Judge Rules". The New York Times. p. A14. Archived from the original on 18 June 2018. Retrieved 18 June 2018.
- ^ Stevens, Matt (31 March 2018). "Judge Temporarily Stops U.S. From Blocking Undocumented Teenagers' Abortions". The New York Times. Archived from the original on 18 June 2018. Retrieved 18 June 2018.