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DC court wrestles with immigrant teen's access to abortion

21 Octobre 2017

The Trump administration promptly appealed Chutkan's order to the D.C. Circuit Court of Appeals, which held oral arguments on the case this morning. "It's important to remove as many barriers for women as possible across the spectrum and across the country".

Kavanaugh...seemed eager to make this case go away.

"Just this morning, at oral argument in the D.C. Circuit, the federal government continued to refuse to permit this teen to exercise her fundamental constitutional rights, highlighting the absurdity of this horrifying and inhumane policy", said Attorney General Schneiderman.

However, in reality, the government, motivated by anti-choice ideology, has obstructed her path to abortion by forbidding her to be transported to an abortion clinic.

"The constitutional right to abortion does not depend on your immigration status", said Georgeanne Usova, legislative counsel for the ACLU.

"How could you not take a position on that?" These centers, right-wing organizations that are known for spreading misinformation about reproductive health, actively dissuade women from getting abortions. The qualification means the government is not allowed to prevent women from obtaining abortions for reasons that are not in the best interest of the woman, while another decision stipulated the government is not allowed to instate penalties on women for choosing to have an abortion. Neither the government's lawyer nor the lawyer defending Doe provided the answer, though they agreed the current process would be lengthy, requiring background checks and house visits that could possibly take months.

The law also requires that the doctor who gives the consultation be the doctor performing the abortion. It's unlikely the same majority that upheld the "undue burden" standard for state abortion restrictions in the Whole Women's Health case a year ago - another Texas case - will decide it's okay for the federal government to literally hold a woman in custody until it's too late for her to secure an abortion.

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To support her claim, she cited Texas Attorney General Ken Paxton, who argued that "Granting Plaintiffs' motion for a TRO and preliminary injunction would create a right to abortion for anyone on Earth who entered the United States illegally, no matter how briefly". Doe's lawyers are not asking the government to pay for the procedure or arrange the transportation. Once she has been pregnant for 17 weeks and six days, Doe will have to travel to another clinic farther away, Amiri said, requiring two round trips of several hundred miles - one for the counseling and another for the procedure. She also argued that telling Doe the way to obtain an abortion was to leave the country is, in essence, penalizing her. "And that is not acting in her best interest".

"The harm caused to [Doe] is irreparable", she said. She is going to be pushed later into her pregnancy-she's already been pushed from the first trimester into the second trimester. Told that the considerations are different for adults, Kavanaugh asked, "Why?"

- Jessica Mason Pieklo (@Hegemommy) October 20, 2017Judge Millett asks, "What's the gov interest in not facilitating ab for JD but facilitating for adults?"

The government's lawyer, Catherine Dorsey, told the court Friday that incarcerated women do not have the same options as the pregnant teen: returning home to seek an abortion or finding a legal sponsor. The D.C. appeals court is weighing the question Friday of whether Jane Doe, an unaccompanied minor who came to the country illegally, has the right to access an abortion. Brought together by Planned Parenthood, the ACLU and the National Latina Institute for Reproductive Health, the protesters hoisted signs and sang chants in Spanish and English showing solidarity with the teenager, and expressing contempt for Scott Lloyd, director of the Office of Refugee Resettlement.

"What this administration is doing to Jane is what they'd do to every woman in this country if they could", said writer and women's advocate Sarah Lipton-Lubet. The appeals court permitted the teen to obtain required pre-abortion counseling on Thursday. "Shame on this judge for overruling compassionate care and instead mandating that the USA government help facilitate an abortion for a teenage girl".

Although it is unclear how Jane Doe became pregnant, the decision for the federal government to deny care appears particularly cruel given the fact that between 60 and 80 percent of migrant women and girls are sexually assaulted on their way to the United States through the southern border, according to a 2012 Women's Refugee Commission report.

DC court wrestles with immigrant teen's access to abortion