Carson City, NV – November 2, 2012 (LifeSiteNews) – The Nevada Supreme Court late Friday responded to a motion for stay filed by the attorney representing the family of a disabled pregnant woman who may be forced by Nevada’s 2nd District Court to abort her baby against the wishes of her legal guardians.
Elisa Bauer, 32, is mentally disabled and suffers from epilepsy as a result of the fact that her birth mother drank heavily while pregnant. She is eleven weeks pregnant. No one knows the exact circumstances under which she became pregnant, but those familiar with the case, including her adoptive parents and their lawyer, say she often wandered away from her group home and had sexual encounters with men at nearby truck stops and casinos.
Her adoptive parents, Bill and Amy Bauer, say she wants to keep the baby and give it up for adoption. Judge Egan Walker is considering overruling that decision.
A hearing was held Thursday to hear testimony from medical experts to help the judge decide whether to force Elisa to abort. During the hearing a doctor summoned by judge Walker recommended an abortion, while a doctor called by the parents said an abortion carries risks of its own.
Attorney Jason Guinasso petitioned the Supreme Court early Friday to halt the lower court’s proceedings, arguing that Judge Egan Walker stepped outside the bounds of his authority by seeking to overrule decisions made by her legally-appointed guardians. Friday evening, the Supreme Court responded, acknowledging the merits of Guinasso’s concerns and questioning the lower court’s authority to intervene in decisions made by Elisa’s guardians without first seeking to have their guardianship legally revoked.
The Supreme Court has given the 2nd District Court until noon on Monday to respond to Mr. Guinasso’s arguments.
Guinasso was encouraged by the Court’s unusually quick response. “We are very pleased the Nevada Supreme court has taken this matter up,” he said, “and is forcing someone to address whether the District Court have the legal authority to conduct these rogue proceedings.” Added Guinasso, “We are also pleased that the Nevada Supreme Court has recognized the merits of our position that the District Court does not have that authority [to overrule the wishes of Elisa’s duly appointed guardians].”
Guinasso says it is possible the Supreme Court may decide the matter as early as Monday evening.