Federal Judge Rules Missouri Must Provide Transport For Pregnant Inmates Wishing To Have Abortions

U.S. District Judge Dean Whipple on Tuesday ruled that the state must provide transportation to clinics for pregnant inmates who wish to have abortions, the St. Louis Post-Dispatch reports (Mannies, St. Louis Post-Dispatch, 7/19). The Missouri Department of Corrections in July 2005 adopted a policy barring the use of tax dollars to transport prisoners to undergo abortions. Attorneys for a state prison inmate -- identified as "Jane Roe" in court papers -- filed a lawsuit in October 2005 asking a federal court to order the corrections department to transport the woman to a clinic for an abortion. Whipple agreed to the request. Attorneys for the Missouri Office of the Attorney General unsuccessfully appealed the ruling to the 8th U.S. Circuit Court of Appeals and the U.S. Supreme Court. The woman was about 17 weeks' pregnant and had been seeking an abortion for about seven weeks before she received one (Kaiser Daily Women's Health Policy Report, 10/25/05). The American Civil Liberties Union filed for a federal ruling to make the Jane Roe decision applicable to all pregnant women in the state, which Whipple agreed to, the AP/Houston Chronicle reports (Salter, AP/Houston Chronicle, 7/18).

Ruling, Reaction
According to the Kansas City Star, state officials cited security risks when setting the policy barring state-funded transport, but Whipple wrote in his ruling, "In this case, the undisputed evidence shows that inmates who chose to terminate a pregnancy and must be transported outside of prison for that purpose pose no greater security risk than any other inmate that requires outside medical attention." The state also had argued that paying for transport violated a Missouri law that says the state cannot assist in abortions. Whipple noted an 8th Circuit Court ruling in a previous case that said, "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." A spokesperson for state Attorney General Jay Nixon (R) said officials were examining the ruling and do not know if they will appeal it (Rizzo, Kansas City Star, 7/19). Gov. Matt Blunt (R) in a statement said, "This ruling violates our traditional Missouri values and is an affront to everyone that values the sanctity of human life. I urge the attorney general to fight this ruling that prevents the state of Missouri from protecting innocent human life." ACLU attorney Tom Blumenthal said, "This ruling reaffirms that the state's effort to curtail a woman's constitutional rights are futile and they're wasting time and money when they attempt to do so" (St. Louis Post-Dispatch, 7/19).

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