Justice Thomas Blocks Inmate's Abortion Request

[liberalnurse]

I was searching another topic when this hit me in the face. I think the funding may be the issue to protect Thomas.

" The woman, whose name was not disclosed in court papers, has said she will borrow money for the abortion from friends and family but cannot afford to pay for transportation."



Kansas City, Missouri

Missouri Judge Ruled Woman Has Right to Procedure...


http://www.newsnet5.com/news/5102427/detail.html

snip>

POSTED: 8:26 am EDT October 15, 2005
UPDATED: 8:30 am EDT October 15, 2005

KANSAS CITY, Mo. -- An attorney for a pregnant inmate who wants an abortion said time is running out for his client to have the procedure while the courts decide her case.

The U.S. Supreme Court late Friday temporarily blocked a federal judge's ruling that ordered Missouri prison officials to drive the woman to a clinic on Saturday for an abortion.

Justice Clarence Thomas, acting alone, granted the temporary stay pending a further decision by himself or the full court.

Missouri state law forbids spending tax dollars to facilitate an abortion. However, U.S. District Judge Dean Whipple ruled Thursday that the prison system was blocking the woman from exercising her right to an abortion and ordered that the woman be taken to the clinic Saturday.

EDITED BY ADMIN: COPYRIGHT

Here is another link: Updated after post set.

http://edition.cnn.com/2005/LAW/10/15/inmate.abortion.ap/

snip>

The woman's attorney, James Felakos of the American Civil Liberties Union, said in court papers that the woman is running out of time because she is 16 weeks to 17 weeks pregnant, and Missouri bars abortions after 22 weeks.

The state estimated it would cost $350 plus fuel for two guards to accompany the woman on the 80-mile trip from her cell in Vandalia to a St. Louis clinic.

"It is not the prison that has imposed the burden, but the prisoner's violation of the law that resulted in her incarceration that has imposed the burden," Attorney General Jay Nixon's office said.

In court papers, the woman said she discovered she was pregnant shortly after being arrested in California in July on a Missouri parole violation. She said she tried to get an abortion in California but was transferred back to Missouri before it could be performed.

end

[Danger Duck]

1. A$$holes

I'm sure they didn't set a price, they just ruled that the expense would be to great, and stopped the procedure. Really, a baby born in prison? It would be state property from the get go. This is bizarre. If its about money, the abortion would save them thousands. Otherwise, set a value on the services, and allow her to pay for transportation and cost.

[liberalnurse]

2. They will use her as an example for the zelot right-wingers.

Thats how I see it. Giving them a pre-game of what will occur when Meiers is a Justice. It has nothing to do with the reason they site.

[unpossibles]

4. in combination with another thread

does this mean the baby will be born into slavery?

[Danger Duck]

10. Sort of....

She will be deemed an unfit mother by virtue of being in Prison( at least she would be in MIchigan, I have many friends and an Ex who work for the FIA(Family Independence Agency), and she would lose custody of the child. it would go to the Father, maybe, but more often then not in these circumstances, he will be deemed unfit or unfound. So the child goes into Foster care. If she has over a year to serve, they will likely seek to terminate her parental rights. And the child will become a ward of the state, unless he or she is adopted.

[ComerPerro]

18. If the child is adopted, it won't be by the "pro-life" crowd

that's what bugs me the most.

Like that damn woman who just had her 16th child.

She and her Republican husband, as well as all "pro-lifers", ought to put up or shut up. If they belive that adoption is the proper answer to unwanted pregnancy, maybe they should start adopting these kids.

But they don't.

[Danger Duck]

21. TO be fair...

I work with a decent human being who happens to be republican, catholic, and has adopted three children. I've never asked his opinion on abortion though.

But I agree with you in principal, the pro life crowd doesn't see the forest for the trees. They advocate family values, and try and position children to enter a world in which they will have no family to value, or care for them. Its like the bumper sticer, if you can't trust me with a choice, how can you trust me with a child?

Foster care is F'ed up, big time. Not an easy problem ,but one we should all be aware of.

[OrangeCountyDemocrat]

8. Your Problem Is You're Thinking Logically & Ahead

These sons of bitches NEVER THINK! They would rather let another illegitimate kid be born, and then spend all that money supporting it for the next 18-70 years.

Why would you expect them to have a brain, let alone a conscience.

[ayeshahaqqiqa]

3. Who impregnated her?

A prison guard? Was the pregnancy a result of rape?

[liberalnurse]

5. That is a very good question.

It takes time in jail before one gets sent to prison......Maybe a probation violation would expedite things or if she tossed out her own probation agreement to just serve the time and get it over with...I would like to know how long she was incarcerated. Excellent question.

[Maraya1969]

6. Ya know, no one likes abortion. I am pro-choice but the idea of

a judge STALLING an abortion as the fetus is growing is sickening to me. She may not be very pregnant but by the time all these jerks quit jerking around she may have a viable baby in her.

Do they take into account that time is off the essence?

[Zenlitened]

7. They KNOW time is of the essence. That's why they put up...

... every road-block they can think of.

[liberalnurse]

9. I found another link on CNN

with a little bit more data,. I updated the original post.

[grmamo]

11. update on Mo inmate

First post, I hope I have the followed rules correctly - if I have not, I am sure someone will let me know.

Here is an earlier article which gives a little more back ground. The judge had ordered the prison officials to drive her to the clinic on Saturday (article was written on Friday)

Mo. Prison Overruled on Inmate Abortion

snip

The policy is based on a state law that prohibits the spending of public funds "for the purpose of performing or assisting an abortion not necessary to save the life of the mother."

snip

The woman's attorney, James Felakos of the American Civil Liberties Union, said the woman is running out of time because she is 16 weeks to 17 weeks pregnant, and Missouri bars abortions after 22 weeks.

In court papers, the woman said she discovered she was pregnant shortly after being arrested in California in July on a Missouri parole violation. She said she tried to get an abortion in California but was transferred back to Missouri before it could be performed.
http://news.yahoo.com/s/ap/20051014/ap_on_re_us/inmate_abortion&printer=1

And today just found this item -

Court Won't Block Mo. Inmate Abortion

WASHINGTON (AP) -- The Supreme Court, in an abortion case of relatively narrow scope, cleared the way Monday for a Missouri prison inmate to terminate her pregnancy.

The high court decision was not a sweeping rendering on the issue of abortion, per se, but rather a holding that Missouri corrections officials must drive the woman to a clinic to have the procedure. It was unclear how soon that would be done.

Late Friday, Justice Clarence Thomas had granted a temporary stay to the state, which prevented the woman from having an abortion on Saturday. But Monday's high court action was unanimous.
More……

http://customwire.ap.org/dynamic/stories/S/SCOTUS_ABORTION?SITE=FLTAM&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2005-10-17-10-57-25

[liberalnurse]

12. Great first post.....

Welcome to DU. :hi:

[rocktivity]

19. This may be the best first post I ever read!

Since it would be, shall we say, bad for business for states to allow their prisoners to make THEIR OWN transportation arrangements, Missouri's policy, however unintentionally, illegally functions as an anti-abortion law. Since when is it "reasonable" to force someone to have a baby? I'm very glad to hear that the Fed Supremes agree with the state Supreme court ruling. Cue the Vonage theme!

:woohoo:
rocknation

[Moderator]

13. Hi LiberalNurse

per DU copyright rules, please do not post more than 4 paragraphs of copyrighted material.

[liberalnurse]

14. I was doing my best to observe.

I cut an pasted sentences in groups. Not taking the text form.....I think I'm okay.:scared:

[Hippo_Tron]

15. How is Thomas allowed to do this by himself?

Doesn't the full SCOTUS vote on it?

[maine_raptor]

16. ANY Justice can issue an order on their own, but

the full Court (majority) must vote on it in order for it to stick.

[bowens43]

17. It's not blocked.....

http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/10/17/national/w073014D06.DTL
Court Won't Block Mo. Inmate Abortion
AP

Posted on 10/17/2005 7:40:32 AM PDT by SmithL

WASHINGTON (AP) --

The Supreme Court refused Monday to prevent a Missouri prison inmate from getting an abortion.

Without comment, the high court lifted a temporary stay blocking a federal judge's ruling that Missouri officials had to drive the woman to a clinic to have the procedure over the weekend.

Late Friday, Justice Clarence Thomas had granted a temporary stay at that ruling, but Monday's high court decision was unanimous.

Missouri's law forbids spending tax dollars to facilitate an abortion, but the federal judge took the position that the prison system in Missouri was blocking her from exercising that right.

The high court's order means that she can receive the procedure.

The woman had planned to have the procedure done on Saturday, but Thomas granted the temporary stay late Friday, blocking the ruling by U.S. District Judge Dean Whipple. Thomas then referred the case to the full court.

<snip>

[liberalnurse]

20. Legal court wrangling.....

reminds me of playing, " Crazy 8's".