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Last updated on May 28, 2012 at 8:11 EDT

Supreme court allows abortion for Missouri inmate

October 17, 2005
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WASHINGTON (Reuters) – The U.S. Supreme Court under new
Chief Justice John Roberts cleared the way on Monday for a
pregnant Missouri prisoner to obtain an abortion, despite
objections from state officials.

In a brief order without comment or recorded dissent, the
high court rejected Missouri’s request to put on hold a federal
judge’s order requiring that prison authorities transport the
inmate to a St. Louis clinic for an abortion.

Officials said Missouri has a prison policy that female
prisoners will be sent out of their institutions for abortions
only if the procedure is medically necessary.

They cited Missouri’s laws that they said discourage
abortions and encourage childbirth. They said any time an
inmate is transported outside of a prison it raises possible
security issues.

Even if there’s is some infringement of the prisoner’s
constitutional rights to choose an abortion, “a prison
regulation may validly impinge on such rights if the regulation
is reasonably related to legitimate penological interests,”
state officials argued.

According to the court record in the case, the woman,
identified only by the pseudonym “Jane Roe,” is approximately
16 or 17 weeks pregnant. Her attorneys said that for seven
weeks prison officials have prohibited her from obtaining an
abortion.

Gov. Matt Blunt expressed disappointment and said the high
court’s order “is highly offensive to traditional Missouri
values and is contrary to state law, which prohibits taxpayer
dollars from being spent to facilitate abortions.”


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