Isn’t that title so much better than U.S. judge orders Trump administration to allow abortion for undocumented teen ?
Can this stuff get any nuttier?
The U.S. judge in question is U.S. District Judge Tanya Chutkan. Not unsurprisingly, she was one of the judges who blocked the original travel ban. She’s also hearing a case of two Iranians that are mad that they may be blocked from receiving a visa when the latest ban is put in place. In which case, the judge seems ready to rule this would be “unfair” and would result in a stay from that angle along with whatever passes for reasoning from the Hawaiian judge.
Judge Chutkin is from Kingston, Jamaica and I need not mention who appointed her.
Let me summarize the case as I understand it.
- 17 year old girl comes into the United States illegally across the Mexican border.
- She tries to have an abortion but is told that as a minor child she must have court approval.
- It’s not quite clear how but she’s able to appear before a judge and approval is given.
- Somehow she comes to the attention of ICE who takes her into custody. Again, it’s not totally clear but it seems her family is contacted and ICE allows/facilitates counseling by a pro-life organization. “ICE” probably isn’t exactly right since she’s actually under the care of the Office of Refugee Resettlement which handles unaccompanied minors caught crossing the border.
- ICE gives her the opportunity to return to her country of origin. She refuses and goes to court to get her abortion.
In her ruling the judge said this child “will suffer irreparable injury in the form of, at minimum, increased risk to her health, and perhaps the permanent inability to obtain a desired abortion to which she is legally entitled.” Emphasis mine.
The judge said in court that the girl’s immigration status was irrelevant and that she still had constitutional rights. The judge literally laughed at the notion that illegal aliens had “limited constitutional rights.”
The government is required to:
- Transport the girl or allow her to be transported by either her guardian or
attorney to obtain the counseling required by state law on October 19, 2017.
- Have her obtain the abortion procedure on October 20, 2017 and/or October 21, 2017, as dictated by the abortion providers’ availability and any medical requirements.
- If transportation to the nearest abortion provider requires her to travel past a border patrol checkpoint, the government is ordered to provide any documentation necessary for her to make it to the abortion provider.
All I can think to add is some snark —
“What is it? You should get some sleep since you’re being deported tomorrow!”
“No, I don’t think so. I have a dentist appointment.”
“Darn! OK. I’ll have an Uber ready to take you over. And you will come back? Right?”
“¡Si, Señor! ¡Como no!” Los americanos son muy estúpidos.