Courts Can Gear Up When Needed
It is comforting to see once again that when there is a case or controversy, the judiciary can gear up to take action to advance and preserve “checks and balances” despite the view of some recent critics that the judiciary is too slow to take action to prevent executive or legislative mistakes or wrongdoing.
January 08, 2018 at 01:00 PM
2 minute read
By order filed on Tuesday, Oct. 24, 2017, in Garza v. Hargan, the Court of Appeals for the District of Columbia Circuit, en banc, a 17-year-old undocumented woman in federal custody was permitted to have an abortion which the federal government had contested. The pregnancy had been discovered when she was given a physical examination upon apprehension for illegally entering the country in Texas. The abortion procedure occurred just one day after the order was entered, at a time the appellant, known as Jane Doe or J.D., was 16 weeks pregnant. Texas law requires voluntary abortions to be conducted within 20 weeks.
While we take no position on the merits of the order, we point to the decision as another example of how courts of this country can, and sometimes do, handle matters very expeditiously, when necessary or appropriate to do so, and perform that function in a learned, studied and reasoned manner. The order was entered by a vote of 6 to 3. One of the dissenting opinions laments that the case may have been handled too quickly (the District Court had given appellant until the end of the month to find an immigration sponsor to represent J.D.'s interest in arranging the abortion), and both dissents contend that governing legal principles were not developed or were ignored by the government and the majority. But those issues were addressed at least by the dissenters and answered in the concurring opinion.
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.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 4What We Know About the Kentucky Judge Killed in His Chambers
- 5'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
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