Court Orders Sponsor So Teen in Immigration Custody Can Get Abortion

WASHINGTON - Oct. 20, 2017 - PRLog -- A D.C. appeals court has cleared the way for an undocumented teenager in U.S. custody to have an abortion, giving the government until the end of the month to find her a sponsor so that it would not have to "facilitate" the procedure.

        When that possibility was discussed during oral argument this morning, it appears to be an unlikely option because it frequently took weeks if not months to find a sponsor, and the need for an immediate abortion was necessary.

        However, public interest law professor John Banzhaf pointed out to the court in a brief amicus curiae that the appointment could be accomplished for more quickly in this unique situation.

        Immigration officials have a strong preference for finding a sponsor who is a blood relative, explains Banzhaf, something which has so far proven difficult in this situation.

        Moreover, once a potential sponsor has been identified, the person ordinarily must go through a detailed vetting procedure to guarantee that she possesses the necessary character, fitness, etc.

        Here, Banzhaf noted, it should be very easy to find and appoint a sponsor to serve in the role only on a temporary basis until the abortion can be completed; a matter of only days.

        Given the nature of the limited appointment, there would be no need for a lengthy search to find a blood relative.

        Moreover, the government could certainly select as a sponsor one of the many female attorneys already working on the girl's behalf.  In such a case, as respected members of the bar, there would be little if any need for a vetting to determine character, fitness, and other similar qualities.

        This solution, as several judges noted during this morning's oral argument, would avoid the need to reach difficult constitutional issues involving the rights of an illegal alien, the interest of the government in favoring live birth over abortion, etc.

        It might also avoid additional delays caused by possible appeals, notes Banzhaf.

        A remedy which was seemingly out of reach because of the usual delays in locating a relative and then vetting her can become more viable when the practice is carefully examined, said Banzhaf.

        Banzhaf sent his brief to the judges in a short email, and hoped that it might held lead to a simple and prompt resolution of the conflict.

        He stresses that he has no other involvement or interest in the case, and only became aware of it when the oral argument was broadcast on the Internet this morning.

        Perhaps that's  just one additional argument for broadcasting court proceedings, says Banzhaf.

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH),
2000 H Street, NW, Wash, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/ jbanzhaf3ATgmail.com  @profbanzhaf