Wednesday July 19, 2006
Judge: Missouri Must Provide Transportation for Inmates Wanting Abortions
By Peter J. Smith
KANSAS CITY, Missouri (LifeSiteNews.com) – A federal judge ruled
Tuesday that the state of Missouri must transport female inmates
seeking abortions to abortion clinics, rejecting the state of
Missouri’s argument that it uses taxpayer funds to assist in an
abortion, thereby violating state law.
U.S. District Judge Dean Whipple ruled that the United States Supreme
Court order upholding his decision in Roe v. Crawford, requiring the
state to escort and transport the prisoner known as Jane Roe to an
abortion facility, now applied to all women seeking an abortion.
Whipple expanded his decision at the request of the American Civil
Liberties Union (ACLU) in order to cover all female prisoners demanding
an abortion.
Attorneys for the State of Missouri argued that the state had denied
transportation, complying with state law that prohibits the use of
state funds to assist in an abortion unnecessary to save the mother’s
life. However Whipple dismissed the lawyers’ petition, relying on an 8th
Circuit Court decision saying, “We cannot accept the conclusion that
‘assisting’ an abortion encompasses driving or escorting the patient to
the location where the procedure is to take place.”
Last October, the state of Missouri had sought a stay from the US
Supreme Court blocking Judge Whipple’s ruling that it must provide
transportation and guards for Jane Roe to take her from Vandalia prison
to an abortion clinic in St. Louis. The Court upheld Whipple’s ruling,
resulting in Roe’s abortion October 20. Since then 2 other prisoner abortions
have occurred, requiring taxpayer funds estimated at $350 for each
prisoner demanding transport and escort to abortion clinics.
“This ruling violates our traditional Missouri values and is an affront
to everyone that values the sanctity of human life,'' said Missouri
Gov. Blunt in a statement. The governor has urged state Attorney
General Jay Nixon to appeal the decision, although spokesmen for Nixon
did not know whether he might move to appeal the ruling.
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