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.