Top court doesn’t block inmate’s abortion

THE US Supreme Court, in an abortion case of relatively narrow scope, cleared the way yesterday for a Missouri prison inmate to terminate her pregnancy.

The high court made no sweeping rendering on the constitutionality of the 1973 Roe v. Wade ruling ensuring a woman’s constitutional right to an abortion.

Rather, it let stand a lower court ruling that Missouri Department of Corrections must provide transportation for the woman to have the procedure done.

On Friday evening, Justice Clarence Thomas had granted a temporary stay to the state, which prevented the woman from having an abortion on Saturday.

But yesterday’s high court action was unanimous.

Abortion has been a divisive issue at the Supreme Court and an emotional subject in the confirmation of President George W Bush’s picks for justices for the court, which often rules on contentious US social issues.

“I am extremely disappointed in the Supreme Court’s decision. The decision is highly offensive to traditional Missouri values and is contrary to state law, which prohibits taxpayer dollars from being spent to facilitate abortions,” Gov Matt Blunt said.

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. Justice Thomas’ stay had temporarily blocked the ruling by US District Judge Dean Whipple.

The Department of Corrections said it would follow the court’s order that the procedure be allowed but didn’t yet know the practical details of when or how that might occur.

The woman has not been identified. Her attorney, James Felakos of the American Civil Liberties Union, said that she is running out of time because she is 16 weeks to 17 weeks pregnant, and Missouri bars abortions after 22 weeks.

“Today, they said no more delay. It confirmed that a woman doesn’t give up her right to terminate a pregnancy once she walks in a prison,” said Talcott Camp, one of the ACLU lawyers.

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, estimated at 278 plus fuel for two guards to accompany the woman on the 129-kilometre trip.

Under a policy adopted over the summer, Missouri’s prison system does not provide transportation or security for inmates seeking abortions.