Posted on 10/14/2005 3:38:56 PM PDT by SmithL
Kansas City, Mo. -- A federal judge ordered Missouri prison officials to drive a pregnant inmate to a clinic and let her get an abortion despite a state law that forbids the spending of tax dollars to facilitate an abortion.
U.S. District Judge Dean Whipple ruled Thursday that the prison system is blocking the woman from exercising her right to an abortion. On Friday, he refused to stay the ruling, and ordered that the woman be taken to the clinic on Saturday.
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.
Under a policy adopted in July, Missouri's prison system does not provide transportation or security for inmates seeking abortions. 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."
State officials argued that their policy is reasonable because of the costs and security risks of transporting inmates outside for procedures the officials said are not medically necessary.
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,"
(Excerpt) Read more at sfgate.com ...
Can an inmate exercise her right to bear arms, too?
Whipple needs to be shown the door next election.
I have a right to drink 20-year-old single-malt Scotch. Does that mean if I can't afford it I'm being denied my right?
"..Almost as quickly as a federal judge threw out a conviction for enticing a teenager on the Internet, the firestorm hit.
A jury this week convicted Mission Hills lawyer Jan Helder, but minutes later U.S. District Judge Dean Whipple acquitted him. The defense successfully argued that breaking the law requires actually enticing a minor — not enticing a Platte County deputy pretending to be a minor..."
To paraphrase a former president: "Whipple made his ruling, now let him enforce it!"
Missouri should send the bill to the judge, postage due.
Or the right to vote?
Not a rhetorical question: How can he issue this "illegal" order since the laws prohibits the expenditure?
That 2nd amendment thing belongs in the second tier of constitutional rights. The reason that the abortion constitutional right is the supreme constitutional right is because it ISN'T WRITTEN DOWN!! Thats why it so often trumps the 1st, 5th, and 10th amendments. This means that judges are free to interpet it as is necessary so as to enable it in all circumstances!! NEAT, HUH???
If the judge's decision was based on constitutional law, then the laws of the state don't apply.
I wonder if he said, "Trust me" when he made this appointment.
The woman is running out of time? Yeah, right.
Click here to see photo of a 16 wk old "blob of cells". "Baby has acquired the reflex of suction. If a bitter solution is introduced into the amniotic fluid, all swallowing will stop, however, if a sugary solution is introduced, your baby swallows twice as fast as before! The baby can also get the hiccups just about now. Baby reacts to visual stimulations. It will use the hands to protect the eyes from violent external light. Your baby is moving around a lot. It has more space now and will spin around and around and around... You maybe can feel it stronger now."
bttt
Aint the prison violating her freedom of assembly right too ?
The judge's mom shoulda had an abortion IMHO.
Judges are no longer constrained by law they now simply make up laws as they go along.
ping
Thanks.
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