Supreme Court to Review Appeals Court Ruling on Forced Abortion Asylum

The Supreme Court is reviewing decisions made at the appeals court level (2nd Circuit who did not favor asylum vs. 9th Circuit who did favor) about forced abortion asylum for victims of the one-child policy in China. The dispute is over whether partners of the women who are victimized can qualify for asylum and interpreting the U.S. asylum law.

In the June 2007 decision, the 2nd Circuit ruled that spouses and unmarried partners of women who face inhumane treatment under rigid Chinese laws do not automatically qualify for asylum whereas the 9th Circuit ruled that asylum protection includes the women and their spouses or partners.

The Bush administration is taking the position that the 1996 asylum law does not cover partners, even though Rep Chris Smith wrote the law intending for it to cover partners and spouses.