Court Won't Block Mo.
Inmate Abortion
By AP from the
NYTimes on the Web, October 17, 2005
WASHINGTON -- 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.
The woman has not been identified. Her attorney, James Felakos of the
American Civil Liberties Union, said in court papers that she is running out of
time because she is 16 weeks to 17 weeks pregnant, and Missouri bars abortions
after 22 weeks.
She has said she will borrow money for the abortion from friends and family but
cannot afford to pay for transportation to a clinic to have it done.
The court fight was over those costs.
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