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Pregnant immigrant is being held hostage by anti-abortion zealots in government

Ruth Marcus on

If due process protections did not apply to undocumented immigrants, as D.C. Circuit Judge Patricia Millett pointed out, "they could be forced to have abortions. They could, if raped by government officials who hold them in detention, then be forced to carry any pregnancies to term."

The government's argument boils down to asserting that it should not be required to "facilitate" an abortion. But as Millett noted, "there is nothing for it to facilitate" besides simply letting the procedure take place.

Millett's two colleagues on the panel sided against her, giving the government until the end of the month to find a sponsor for J.D. This is wishful thinking taking precedence over constitutional law. The ACLU has asked the full appeals court to intervene.

Donald Trump's America is not Margaret Atwood's Republic of Gilead. But it is nonetheless chilling how far this administration is prepared to go to compel J.D. to continue her pregnancy against her will.

En banc petition and appeals court opinion: https://assets.documentcloud.org/documents/4114413/10-22-17-en-Banc-Petition-Garza.pdf

Amicus brief: https://www.texasattorneygeneral.gov/files/epress/JD_stay_pending_appeal.pdf?cachebuster:16

Government brief -- facilitate

https://assets.documentcloud.org/documents/4112712/10-18-17-US-Emergency-Motion.pdf

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Ruth Marcus' email address is ruthmarcus@washpost.com.

(c) 2017, Washington Post Writers Group

 

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