During the second day of confirmation hearings for Supreme Court nominee Brett Kavanaugh, Sen. Dick Durbin asked Kavanaugh to clarify why he ruled that an underage illegal immigrant could not have an abortion.
You can watch the video below:
The Garza case was a landmark decision by a court to prevent an undocumented underage girl, named “Jane Doe” in the court documents, from obtaining a legal abortion. The case first made headlines when the ACLU sued the Trump administration on behalf of Jane Doe in 2017. A federal judge initially ruled on Doe’s behalf, but Kavanaugh soon authored the majority opinion that reversed that opinion, establishing once more that the girl should not be allowed to get a legal abortion.
In his majority opinion assent, Kavanaugh wrote,
“The minor is alone and without family or friends. She is in a U.S. Government detention facility in a country that, for her, is foreign. She is 17 years old. She is pregnant and has to make a major life decision. Is it really absurd for the United States to think that the minor should be transferred to her immigration sponsor – ordinarily a family member, relative, or friend – before she makes that decision? And keep in mind that the Government is not forcing the minor to talk to the sponsor about the decision, or to obtain consent. It is merely seeking to place the minor in a better place when deciding whether to have an abortion. I suppose people can debate as a matter of policy whether this is always a good idea. But unconstitutional? That is far-fetched. After all, the Supreme Court has repeatedly said that the Government has permissible interests in favoring fetal life, protecting the best interests of the minor, and not facilitating abortion, so long as the Government does not impose an undue burden on the abortion decision.”
Earlier, Kavanaugh answered questions about how he would interpret Roe v. Wade, if elected to the bench. You can watch that video below: