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Supreme Court Orders Missouri Officials to Take Inmate for an Abortion

by Steven Ertelt
LifeNews.com Editor
October 13, 2005

St. Louis, MO (LifeNews.com) -- The U.S. Supreme Court has signed off on an order issued by a Missouri federal judge and upheld by a federal appeals court that would require state officials to take a woman prisoner for an abortion. The unanimous decision has little bearing on the state of abortion nationally, but could affect future attempts by prison officials who don't want to use state funds to help women obtain abortions.

Justice Clarence Thomas issued a stay Friday preventing the abortion from taking place while the state appealed the appellate court's decision. However, the high court unanimously upheld the lower court decision on Monday.

Missouri Department of Corrections officials contend that taking the woman to a local St. Louis abortion facility would violate state law prohibiting the use of taxpayer funds from paying for abortions. State money would be involved in paying for the officials and transportation involved in the abortion.

Spokesman John Fougere told the Associated Press his agency would comply with the high court's ruling.

"We're a law enforcement agency. If we're compelled by the courts to do something, we're going to follow the law," he said.

The inmate has been pregnant for 17 weeks and has been asking for an abortion for the last seven.

Attorneys for the woman filed suit on Wednesday asking the court to order the abortion.

U.S. District Judge Dean Whipple on Thursday agreed to the request saying the woman has a right to abortion under the 1973 Roe v. Wade decision. Attorneys for the Missouri Office of the Attorney General appealed the ruling to the 8th U.S. Circuit Court of Appeals, but the court on Friday did not overturn the ruling.

Each Supreme Court justice handles questions concerning appeals from the various federal appellate courts and Justice Thomas oversees the 8th Circuit. He ordered the stay to allow himself and the full court to review the case.

The woman is jailed at Women's Eastern Reception, Diagnostic and Correctional Center in Vandalia, Missouri and she was arrested in California in connection with a parole violation. She says she tried to have an abortion in California but was arrested before she could have one.

The pro-abortion ACLU filed the case on the woman's behalf. James Felakos, an ACLU attorney, said the woman will pay for the abortion but can't afford the transportation and security expenses to and from the abortion facility.

He said further appeals could prevent her from having the abortion because Missouri law cuts off abortions at 22 weeks into pregnancy.

In a statement, Gov. Matt Blunt, a Republican, said he opposes Whipple's order. He called it "an outrageous order from an activist federal judge that offends Missouri values," adding, "I call on the attorney general to vigorously pursue all available legal options to overturn this offensive federal mandate."

In July, the Missouri prison system adopted an internal policy prohibiting the transportation of women to abortion facilities for elective abortions.

 

 

 

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