U.S. Circuit Court Of Appeals Rules Missouri Must Provide Transportation To Inmates Seeking Abortion

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice;  Public Health
Article Date: 25 Jan 2008 - 7:00 PDT

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A three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis on Tuesday ruled that Missouri must provide transportation to health care providers for inmates seeking abortions, the Kansas City Star reports (Morris, Kansas City Star, 1/22).

The suit arose after the Missouri Department of Corrections adopted a policy in 2005 barring the use of tax dollars to transport prisoners to undergo abortions. Attorneys for a state prison inmate -- identified as "Jane Roe" in court papers -- filed a lawsuit in October 2005 asking a federal court to order the corrections department to transport the woman to a clinic for an abortion. U.S. District Judge Dean Whipple in July 2006 agreed to the request. The plaintiff was able to obtain an abortion when she was approximately 17 weeks' pregnant, after seeking the procedure for seven weeks.

The American Civil Liberties Union then asked the court for a ruling that would make the Jane Roe decision applicable to all pregnant women in the state, which Whipple agreed to. Missouri Attorney General Jay Nixon (D) in August 2006 appealed Whipple's ruling to the 8th Circuit Court of Appeals (Daily Women's Health Policy Report, 8/18/06). During a September 2007 hearing, attorneys for the state argued that security risks and the state's limited resources trumped a female inmate's right to an abortion. ACLU attorneys said the state overstated its security concerns and previously had transported inmates safely to an abortion clinic in St. Louis despite the presence of protesters.

Reaction

Tony Rothert, legal director of the ACLU's St. Louis office, said, "The court recognized that the right to elect to have an abortion survives incarceration," adding, "This was about providing women with the opportunity to exercise their choice even though they were incarcerated." It is not clear whether the state will appeal the ruling, the AP/Google.com reports. A spokesperson for Nixon said the decision still is being examined.

Gov. Matt Blunt (R) said the ruling is disappointing, noting that Missouri law bars state funding for abortion services (Salter, AP/Google.com, 1/22). Corrections Department spokesperson Brian Hauswirth said the state would comply with the ruling while considering its appeals options. "This is a court ruling, and we will have to abide by the court order as we have been," Hauswirth said, adding, "That said we have serious security concerns" (Kansas City Star, 1/22). According to Hauswirth, seven Missouri inmates have had abortions since July 2005 (AP/Google.com, 1/22).

The 8th Circuit Court of Appeals ruling is available online.

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