Tag Archives: Garza v. Hargan

The Kennedy Retirement and the Radicalizing of the Supreme Court

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Protesters swarmed Washington, DC, to voice their opposition to Brett Kavanaugh.

When Justice Anthony Kennedy announced his retirement from the Supreme Court, alarms went up about overturning Roe v. Wade, which would make abortion once again illegal in many states. As shown in Whole Woman’s Health v. Hellerstedt, in which Kennedy provided the decisive fifth vote overturning Texas’ draconian laws limiting abortion access, one justice can preserve the right to abortion. But Kennedy also voted with the majority in Planned Parenthood v. Casey in 1992, when the Supreme Court upheld a state’s right to impose extra requirements — mandatory counseling, waiting periods, etc. — on those seeking abortions. So, while he was willing to curtail access, he never was willing to overturn Roe v. Wade altogether.

In Brett Kavanaugh’s twisted worldview, paperwork is the true burden, while an unwanted pregnancy is not.

But Kennedy was the last independent conservative on the Supreme Court. Anyone Trump nominated was going to be on the far right because he was using the Federalist Society’s list compiled by Leonard Leo. Not quite a kingmaker, but definitely a justice-maker, Leo is also responsible for Justices Roberts, Alito, and Gorsuch.

But some on the right have some doubts about Kavanaugh. In response, the National Review emphasizes Kavanaugh’s judicial defense of “religious freedom.” (Nothing shows the real danger Kavanaugh poses like pundits on the far right reassuring other conservatives.) They lauded Kavanaugh’s ruling in favor of the Trump administration in the case of Jane Doe, the teenage immigrant the Department of Health and Human Services (HHS) tried to stop from having an abortion, as “the latest in a long, unbroken line of consistent decisions on issues of religion and abortion.” Continue reading →

Women Against Forced Breeding

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Justice for Jane demonstration. Photo: Karen Thurston

Why are these women, awash in a sea of “pink slips,” all of whom have had abortions, standing on the steps in front of the Department of Housing and Urban Development in late February 2018, demonstrating live on YouTube? Why are they demanding the firing of the director of the Office of Refugee Resettlement, Scott Lloyd, the bureaucrat who forces young women to breed against their will?

Why are we protesting? Because we are not having it! And neither is Sen. Patty Murray, who took to the floor of the Senate to amplify our views, pointing out that, once again, our government has overstepped its authority, ignored the rule of law, and allowed one man’s ideology and/or religion to determine the rules for women in his custody. And neither is the House Pro-Choice Caucus having it, as members lined up soon after the protest to sign a “pink slip” to terminate Lloyd.

House Pro-Choice Caucus members Zoe Lofgren, Diana DeGette, and Jerrold Nadler sign “pink slip” to terminate Scott Lloyd. Photo: @RepJerryNadler

Here is the latest story in the long line of stories about our government’s disrespect for women.

Teenager Jane Doe escaped an abusive Salvadoran family and entered the United States as an undocumented, unaccompanied minor. She was detained in Texas and placed in the custody of the Office of Refugee Resettlement (ORR), which is responsible for sheltering these youth. When she discovered she was pregnant she asked for an abortion. So, imagine Jane, alone in a foreign country, uncertain of her immigration prospects, but holding onto dreams for a better future for herself. Unfortunately for her, the ORR is headed by an ideologue named Scott Lloyd. Continue reading →