'You're really going to stand up and tell us that being able to sleep isn't a question of safe and sanitary conditions?' U.S. Circuit Judge Marsha Berzon said in response.
The Trump administration went to court this week to argue that migrant children detained at the United States-Mexico border do not require basic hygiene products like soap and toothbrushes in order to be in held in"safe and sanitary" conditions. Trump's team also argued that requiring minors to sleep on cold concrete floors in crowded cells with low temperatures similarly fulfilled that requirement.
"One has to assume it was left that way and not enumerated by the parties because either the parties couldn't reach agreement on how to enumerate that or it was left to the agencies to determine," Fabian said to the three Clinton-appointed federal judges on the court. "Have you considered whether you might go back and consider whether you really want to continue this appeal?" replied Berzon."There doesn't seem to be a whole lot left of it, considering that life has moved on now. I just feel like we're litigating ancient history at this point."
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