Arizona Supreme Court Upholds Lower Court Ruling On Unconstitutionality Of Policy Limiting Abortion Access For Pregnant Inmates

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 01 Oct 2007 - 2:00 PDT

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The Arizona Supreme Court on Tuesday without comment upheld an appellate court decision that said a Maricopa County policy requiring deputies to transport inmates to medical facilities for abortions only when they are medically necessary posed an unconstitutional burden on the women, the Capitol Media Services/East Valley Tribune reports (Fischer, Capitol Media Services/East Valley Tribune, 9/26).

Current Arizona law forbids state tax dollars from being used to pay for abortion procedures but does not include language about transporting women to an abortion clinic. In May 2004, while detained at Estrella Jail, an unnamed inmate sought an abortion that she had already scheduled and for which she had already paid. Under the Maricopa County policy, deputies refused to bring her to the clinic without a court order. After being denied two court orders, the woman was granted a temporary restraining order against the county policy and had an abortion.

The American Civil Liberties Union in October 2004 challenged the policy. Maricopa County Superior Court Judge Barry Schneider in August 2005 ruled the county policy unconstitutional. A three-judge panel of the Arizona Court of Appeals in January unanimously upheld the ruling. The appellate court ruling said that the county's policy violates the 14th Amendment to the U.S. Constitution and is an "exaggerated response" to the necessities of running a prison, given that inmates routinely are transported to other facilities for medical services or for other purposes (Kaiser Daily Women's Health Policy Report, 1/25).

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