This week, we look at the case Hargan v. Garza, a lawsuit filed by the ACLU on behalf of undocumented immigrant that asks if the federal government can deny access to an abortion for pregnant undocumented teens.
As of January 11, 2018, the Supreme Court was considering the case in private conference.
Joining us to discuss this important question are two of America’s leading experts on constitutional and family law.
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Catherine Glenn Foster is President and CEO of Americans United for Life. She served as Counsel of Record for amicus curiae Alliance Defending Freedom’s Amicus Brief in Planned Parenthood v. Abbott, which defended Texas’ healthcare regulations around abortion clinics.
Leah Litman is Assistant Professor of Law at the University of California, Irvine School of Law. She co-authored Petitioner’s Brief in Whole Women’s Health v. Hellerstedt case, which successfully challenged Texas’ healthcare regulations around abortion clinics.
Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a nonpartisan basis.” He is also a professor at The George Washington University Law School, and a contributing editor for The Atlantic.
Related Decisions and Documents
- Petition for a Writ of Certiorari (Government) in 17-654, Hargan v. Garza – U.S. Supreme Court, November 3, 2017
- Brief in Opposition (ACLU) in 17-654, Hargan v. Garza – U.S. Supreme Court, December 4, 2017
- Opinion in Planned Parenthood of Southeastern PA v. Casey, 505 U.S. 833 (1992) – U.S. Supreme Court, June 29, 1992
- Opinion in Whole Woman's Health v. Hellerstedt, 579 U.S. __ (2016) – U.S. Supreme Court, June 27, 2016
- Opinion in Plyler v. Doe, 457 U.S. 202 (1982) – U.S. Supreme Court, June 15, 1982
- Order in 17-5236, Garza v. Hargan – U.S. Court of Appeals for the D.C. Circuit, October 24, 2017
Additional Resources
Our Interactive Constitution is the leading digital resource about the debates and text behind the greatest vision of human freedom in history, the U.S. Constitution. Here, scholars from across the legal and philosophical spectrum interact with each other to explore the meaning of each provision of our founding document.
Common Interpretation
The Fifth Amendment Due Process Clause By Roger A. Fairfax and John C. Harrison
Matters of Debate
Let’s Be Clear: Recognizing the Vagueness Doctrine of the Fifth Amendment’s Due Process Clause By Roger Fairfax
Does the Due Process Clause Say More Than What Goes Without Saying? By John C. Harrison
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