[20171127]LSB10033_联邦政府的全体移民权与宪法规定的堕胎权相冲突（下）.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The Federal Governments Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part II) November 27, 2017 This Sidebar is the second in a two-part series discussing the en banc decision by the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) in Garza v. Hargan, affirming a district courts order requiring the Department of Health and Human Services (HHS) to allow an unaccompanied alien minor in federal custody to have an abortion. An earlier Sidebar, addressing the D.C. Circuits decision and its impact on abortion rights, is available here. Does an Unaccompanied Alien Minor Detained at the Border have a Constitutional Right to an Abortion? The D.C. Circuits en banc decision in Garza applied longstanding precedent holding that there is a constitutional right to terminate ones pregnancy, and that the government may not place an “undue burden” on that right. In ruling that Jane Doe, an unaccompanied alien minor in HHS custody, could not be barred by the agency from obtaining an abortion, the Garza panel was not called upon to address a possibly fundamental questi