In Rare Move, DC Circuit to Livestream Arguments in Immigrant Abortion Case
Chief Judge Merrick Garland agreed Thursday to livestream the arguments, scheduled for Friday.
October 19, 2017 at 08:00 PM
7 minute read
Merrick Garland.
The U.S. Court of Appeals for the D.C. Circuit will broadcast oral arguments Friday for the first time since 2001 in a case that considers whether the government should allow an undocumented teenage immigrant to obtain an abortion.
In response to a request from Gabe Roth, executive director of Fix the Court, Chief Judge Merrick Garland agreed Thursday to livestream audio. The D.C. Circuit typically does not allow electronic devices in its courtrooms, and the only other time it livestreams a hearing was for the 2001 Microsoft antitrust case.
Roth said the D.C. Circuit privately agreed to a case-by-case livestream policy this summer, but had yet to receive a request. Roth asked Garland to livestream Friday's arguments due to the interest he's seen online in the case. His organization, Fix the Court, works to increase transparency in courtrooms, advocating for live audio broadcasts and cameras across the country.
Roth said the live broadcast in what's known as the second-highest court in the country will be a “boon for civic discourse.”
“Hopefully this is a positive sign of things to come across the federal judiciary,” Roth said. “I think it's incredibly important right now for the American public to see that at least one branch of their government is working.”
The case concerns a young woman known only as Jane Doe. She's an undocumented, 17-year-old immigrant who was detained by the federal government and placed in a federally funded shelter in Texas. She is 15 weeks pregnant and wants an abortion. Despite an order from a state judge there allowing her to do so, federal officials refuse to transport her to the appropriate facilities.
U.S. District Judge Tanya Chutkan of the District of Columbia ordered the government to do so in a ruling Wednesday, and the government appealed, prompting the D.C. Circuit to quickly schedule oral arguments for Friday. The case is against the Department of Health and Human Services' Office of Refugee Resettlement, which handles immigration health issues. The new director of that office, E. Scott Lloyd, previously worked at the Catholic Knights of Columbus as a senior policy coordinator.
The livestream for the 10 a.m. arguments will be available on the court's website. It's the second time a case against the Trump administration has prompted courts that typically bar electronic recordings to open their proceedings up to the public via livestream. Earlier this year, the Fourth Circuit livestreamed oral arguments for the first time ever when it considered a challenge to the travel ban executive order.
“I think the new administration has renewed interest in the workings in the federal judiciary and I think that's a good thing in the sense that this heightened interest may be what it finally takes to get many of the courts to open up like their counterparts,” Roth said.
He added that Garland was one of the first chief judges to agree to posting audio files of oral arguments the same day they occurred. Garland was also recently announced as the new chair of the Judicial Conference's Executive Committee. Roth said he thought that boded well for the future, and that hopefully Garland would have some impact on increasing court transparency.
On Twitter, attorneys praised the move.
“Big deal! What a coup for @FixTheCourt” tweeted Josh Blackman, a professor at South Texas College of Law. Leslie Proll, a Washington, D.C. civil rights lawyer simply tweeted ”Wow. Progress.”
Merrick Garland.
The U.S. Court of Appeals for the D.C. Circuit will broadcast oral arguments Friday for the first time since 2001 in a case that considers whether the government should allow an undocumented teenage immigrant to obtain an abortion.
In response to a request from Gabe Roth, executive director of Fix the Court, Chief Judge Merrick Garland agreed Thursday to livestream audio. The D.C. Circuit typically does not allow electronic devices in its courtrooms, and the only other time it livestreams a hearing was for the 2001
Roth said the D.C. Circuit privately agreed to a case-by-case livestream policy this summer, but had yet to receive a request. Roth asked Garland to livestream Friday's arguments due to the interest he's seen online in the case. His organization, Fix the Court, works to increase transparency in courtrooms, advocating for live audio broadcasts and cameras across the country.
Roth said the live broadcast in what's known as the second-highest court in the country will be a “boon for civic discourse.”
“Hopefully this is a positive sign of things to come across the federal judiciary,” Roth said. “I think it's incredibly important right now for the American public to see that at least one branch of their government is working.”
The case concerns a young woman known only as Jane Doe. She's an undocumented, 17-year-old immigrant who was detained by the federal government and placed in a federally funded shelter in Texas. She is 15 weeks pregnant and wants an abortion. Despite an order from a state judge there allowing her to do so, federal officials refuse to transport her to the appropriate facilities.
U.S. District Judge Tanya Chutkan of the District of Columbia ordered the government to do so in a ruling Wednesday, and the government appealed, prompting the D.C. Circuit to quickly schedule oral arguments for Friday. The case is against the Department of Health and Human Services' Office of Refugee Resettlement, which handles immigration health issues. The new director of that office, E. Scott Lloyd, previously worked at the Catholic
The livestream for the 10 a.m. arguments will be available on the court's website. It's the second time a case against the Trump administration has prompted courts that typically bar electronic recordings to open their proceedings up to the public via livestream. Earlier this year, the Fourth Circuit livestreamed oral arguments for the first time ever when it considered a challenge to the travel ban executive order.
“I think the new administration has renewed interest in the workings in the federal judiciary and I think that's a good thing in the sense that this heightened interest may be what it finally takes to get many of the courts to open up like their counterparts,” Roth said.
He added that Garland was one of the first chief judges to agree to posting audio files of oral arguments the same day they occurred. Garland was also recently announced as the new chair of the Judicial Conference's Executive Committee. Roth said he thought that boded well for the future, and that hopefully Garland would have some impact on increasing court transparency.
On Twitter, attorneys praised the move.
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