About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 (November 27, 2017)

handle is hein.crs/crsmthmbdge0001 and id is 1 raw text is: A ongressional _______ ~Research Service !nforming the legislative debate since 1914 The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part II) Hillel R. Smith Legislative Attorney Jon 0. Shimabukuro Legislative Attorney November 27, 2017 This Sidebar is the second in a two-part series discussing the en banc decision by the US. Court of Appeals for the D. C. Circuit (D. C. Circuit) in Garza v. Hargan, affirming a district court's order requiring the Department of Health and Human Services (HHS) to allow an unaccompanied alien minor in federal custody to have an abortion. An earlier Sidebar, addressing the D. C. Circuit s decision and its impact on abortion rights, is available here. Does an Unaccompanied Alien Minor Detained at the Border have a Constitutional Right to an Abortion? The D.C. Circuit's en banc decision in Garza applied longstanding precedent holding that there is a constitutional right to terminate one's pregnancy, and that the government may not place an undue burden on that right. In ruling that Jane Doe, an unaccompanied alien minor in HHS custody, could not be barred by the agency from obtaining an abortion, the Garza panel was not called upon to address a possibly fundamental question: does the constitutional right to abortion attach to an unaccompanied alien minor who is immediately apprehended and detained at the border? Notably, the government never disputed that Jane Doe had that right, and the D.C. Circuit decision thus left the issue unresolved. However, Judge Henderson argued in dissent that Jane Doe did not have a right to terminate her Congressional Research Service 7-5700 www.crs.gov LSB10033 CRS Legal Sidebar Prepared for Members and Committees of Conaress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most