Safe and sanitary – the limits of advocacy

Knowing that this story will soon disappear from Twitter and the headlines I have gathered key documents, etc. with fall classes in mind.  My suggested question for discussion is “Would you have argued – if your DOJ boss insisted – that soap was not required under the settlement agreement calling for minor immigrants to be detained in “safe and sanitary” facilities?” Click through for the full post. -gwc

Source: OTHERWISE: Safe and sanitary – the limits of advocacy

The United States appealed the order of District Court Judge Dolly M. Geer enforcing a settlement agreement in the Florio v. Meese/[Barr] class action regarding aliens conditions of confinement in which, as the government now notoriously argued in its brief

The court also rejected Defendants’ argument that “soap, towels, showers, dry clothing, or toothbrushes” are not required under the Agreement because the Agreement makes no mention of those items.

The news has been full of debate about the unwillingness of DOJ  attorney Sharon Fabian to concede at oral argument before the Court of Appeals in San Francisco that soap, toothbrushes, and beds are necessities implied by the term “facilities that are safe and sanitary” in the 1994 settlement agreement between the U.S. and the Florio class of detained minor immigrants.

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