On Thursday, the 9th Circuit Court of Appeals upheld a lower court’s ruling and reaffirmed that, “U.S. officials (must) to provide basic personal hygiene items as well as adequate sleeping conditions, temperatures and food and water to children in detention at facilities in the Rio Grande Valley.”
In June, the administration argued before the panel that the Flores Agreement did not require the federal government to provide soap or oral hygiene products.
The 9th Circuit disagreed and held:
“Assuring that children eat enough edible food, drink clean water, are housed in hygienic facilities with sanitary bathrooms, have soap and toothpaste, and are not sleep-deprived are without doubt essential to the children’s safety.
The district court properly construed the agreement as requiring such conditions rather than allowing the government to decide whether to provide them.”
The Justice Department has not commented on the ruling but odds are they will repeal it and hope the Supreme Court will address the matter when they return in October. Yes, RBG will be there.
Read the ruling here: