Lawyer in Immigrant's Abortion Case Says Kavanaugh Imposed 'Unjustifiable' Hurdle
"There were so many barriers placed in front of Jane; the additional hurdle Judge Kavanaugh placed in front of her was unjustifiable," lawyer Rochelle Garza testified Friday.
September 07, 2018 at 02:21 PM
4 minute read
U.S. Supreme Court nominee Brett Kavanaugh ignored high court precedents in ruling against an immigrant pregnant teen seeking an abortion, her lawyer and a New York University legal scholar on Friday told the U.S. Senate committee weighing his nomination.
Kavanaugh's dissenting opinion in Garza v. Hargan has become a major issue for supporters of the landmark abortion decision, Roe v. Wade. The judge disagreed with the en banc majority of the U.S. Court of Appeals for the D.C. Circuit, which ruled the teen's abortion could go forward despite the Trump administration's efforts to delay it. The en banc decision reversed an earlier panel ruling by Kavanaugh in which he approved a delay of 11 days in order for the government to continue what had been an unsuccessful search for a sponsor for the teen.
Kavanaugh spent two days testifying that he respects the Supreme Court precedent of Roe, and Democrats challenged him over his ruling in the Garza case. Democrats portrayed Kavanaugh as a jurist who'd be willing to “unsettle” Roe were he confirmed to the Supreme Court.
Four Democratic senators on Friday homed in on testimony by lawyer Rochelle Garza of Garza & Garza in Brownsville, Texas, and Melissa Murray of New York University Law School to support their beliefs that Kavanaugh had mischaracterized the issue in his dissent and misapplied Supreme Court precedents.
Garza was appointed guardian ad litem for the teenager, Jane Doe, held in U.S. custody in Texas. Garza told the committee, “There were so many barriers placed in front of Jane; the additional hurdle Judge Kavanaugh placed in front of her was unjustifiable.”
Kavanaugh, Garza said, justified the 11-day delay his initial order required because, he said, Jane needed a “support network” to make a “major life decision.” But Garza said, “Jane had already made her decision long before. She had already satisfied all of the requirements for any minor in Texas and a state court judge in Texas had issued an order that made clear that she could consent to the abortion on her own.”
When questioned a number of times about his opinion in the Garza case during his three days before the committee, Kavanaugh said he was applying the high court's parental consent precedents on abortion to a minor who was alone in this country and he viewed a sponsor as a proxy for parental consent.
Murray countered Kavanaugh's testimony, saying the Garza case was not a “parental consent case.” Jane Doe had “guardians upon guardians” appointed by the courts to advise her, Murray told the Senate panel.
Murray testified that Kavanaugh ignored the holding in the justices' 1979 parental consent decision, Bellotti v. Baird, which said state parental consent statutes must include a judicial bypass for minors whose parents do not consent and who could show they were mature enough or it was in their best interests to have an abortion.
Kavanaugh, Murray said, also veered from the high court's recent ruling in Whole Woman's Health v. Hellerstedt, which requires a weighing of the benefits and burdens of abortion restrictions. “He did not even engage with Whole Woman's Health,” Murray said.
None of the committee's Republican members questioned Garza and Murray, among the nearly 30 witnesses who testified Friday. Those witnesses included Big Law appellate stars who praised Kavanaugh as open-minded and thoughtful.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDivided 5th Circuit Shoots Down Nasdaq Diversity Rules
Nevada Supreme Court to Decide Fate of Groundbreaking Contingency Cap Ballot Measure
5 minute readLawyers, Law Groups Oppose Proposal to Require Court Approval for Amicus Briefs
9th Circuit Judges Weigh if Section 230 Shields Grindr From Defective Design Claims
Trending Stories
- 1Senate Confirms Last 2 of Biden's California Judicial Nominees
- 2Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 3Tom Girardi to Surrender to Federal Authorities on Jan. 7
- 4Husch Blackwell, Foley Among Law Firms Opening Southeast Offices This Year
- 5In Lawsuit, Ex-Google Employee Says Company’s Layoffs Targeted Parents and Others on Leave
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250