A federal judge in Nebraska granted an inmate’s emergency request for an abortion Monday, ordering the state prison to transport her to Planned Parenthood to have her unborn baby aborted.
The Omaha World-Herald reports inmate “Jane Roe” and the American Civil Liberties Union filed a lawsuit Friday after the prison refused to transport her for the abortion.
The woman, housed at the Nebraska Correctional Center for Women in York, was about 15 weeks and three days pregnant on Friday, according to the lawsuit.
In his decision Monday, U.S. District Judge Joseph Bataillon ordered the prison to take Roe to the Lincoln Planned Parenthood on Monday for informed consent counseling and again on Tuesday for the abortion, according to the report.
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The judge also ordered Roe to pay $355 to the Nebraska Attorney General’s Office for the abortion and transportation costs.
Here’s more from the report:
The Nebraska Attorney General’s Office, in a settlement agreement with the ACLU of Nebraska, which filed the lawsuit, agreed to provide the transportation. But the Attorney General’s Office stipulated that the compromise did not mean the state agreed that the inmate’s medical rights had been violated.
Scout Richters, legal and policy counsel for the ACLU, said the organization is optimistic that Roe can obtain the time-sensitive care she needs and is “guaranteed by law.”
The York News-Times reports Roe asked for an abortion for the first time on March 21 or 22 and a second time about five days later.
“(The inmate) did not receive a written response to her initial request until on or about April 8. The response informed (the inmate) that her request for an abortion was denied,” the lawsuit states.
The ACLU argued that the state was “forcing her to remain pregnant against her will” and violating the Constitution by blocking her from getting an abortion.
Unless Roe changes her mind, her unborn baby likely will be killed Tuesday. At 15 weeks of pregnancy, her unborn baby is nearly fully formed with fingers and toes, a nose and mouth, a beating heart and a brain with detectable brain waves. According to the Endowment for Human Development, unborn babies at 15 weeks can respond to touch and their teeth begin to develop.
The most common abortion procedure at 15 weeks is dismemberment, or D&E. The abortionist first dilates the woman’s cervix and then uses steel instruments to dismember and extract the baby from the uterus. It is a brutal, inhumane practice that tears the unborn baby limb from limb while their heart is still beating.