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Rochelle Garza represented the plaintiff in the only case of abortion on which Brett Kavanaugh pronounced as a federal judge. Now she is worried about how he would treat the problem as a Supreme Court judge.
In 2017, Garza was appointed ad litem guardian for Jane Doe, a pseudonym used in court for a 17-year-old woman who sued the federal government after she was denied access to abortion while that she was in federal custody for illegally crossing the border.
Under Texas law, minors require permission from a parent or guardian, but Doe said that she had fled domestic violence involving her parents, who were always in Mexico. Even after a state judge said that she could bypass the parental requirement, the Refugee Resettlement Office of the US Department of Health and Human Services refused to let go to get the abortion.
The case then went to the US District Court, where Kavanaugh argued that Doe's abortion could be delayed until it could be entrusted to a sponsor several times, claiming that illegal immigrant minors should not ask in his final dissenting opinion.
Based on this case and its decision-making in this particular case, "Garza told TIME," it seems to me that no charge is too great for a woman to exercise her right to an abortion. "
Last week, Garza shared Doe's story with the Senate Judiciary Committee, testifying against Kavanaugh's confirmation. She argued that Kavanaugh aggravated Doe's suffering, showing "no real consideration for Jane or her circumstances".
During his testimony before the Senate Judiciary Committee, he stated that he "understands the importance of the precedent set out in the Roe v. Wade "as a" general proposition ".
But his limited decisions on the issue have left abortion rights advocates carefully read the few details they have.
Some have criticized him for mentioning certain contraceptives in the auditions as "abortion-inducing drugs" – a reference to a case involving a religious group claiming that the FDA-approved contraceptives were aborted patients. He was also criticized after emails were issued to the Bush White House saying that not all jurists would agree that Roe is the "established law of the Supreme Court". simply describing the opinions of the judges in place.
But for Garza, the facts of the Doe case speak for themselves.
In his testimony, Garza stated that Doe had repeatedly been pressured to call his mother and tell her that she was pregnant with employees of the public institution where she was being held.
This continued, according to Garza's testimony, even after Jane revealed that her parents had beaten her pregnant older sister "with firewood and cables to the point that her sister had miscarried".
Garza said that Jane Doe had been taken to a religion-affiliated pregnancy-crisis center, that she had prayed and asked what she would name her unborn child.
"We are talking about a young man who escaped persecution in his home country – his own family – and escaped here. She did not speak the language, was in detention and had no one to defend her, "Garza told TIME. And yet, "she was unshakeable in her decision."
Garza was with Jane Doe when she finally received the abortion that she had requested nearly a month ago.
"I saw the agony she suffered while waiting for the intervention and the relief that she felt when she finally got them." care she needed, "she told the committee. "She was alone and completely under the physical control of the federal government and at the mercy of decision makers who knew nothing of what it was like to be her."
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