Prisoner’s Access to Abortion Is Stalled

U.S. Supreme Court Justice Clarence Thomas late Friday temporarily blocked a federal judge’s order that Missouri prison officials drive a pregnant inmate to a clinic Saturday for an abortion.

Thomas granted the temporary stay pending a further decision by himself or the full court.

Missouri state law forbids spending tax dollars to facilitate an abortion. However, U.S. District Judge Dean Whipple ruled Thursday that the prison system was blocking the woman from exercising her right to an abortion. On Friday, he refused to stay the ruling, and ordered that the woman be taken to the clinic today.

The state appealed to the 8th Circuit Court of Appeals, but the court refused to stay Whipple’s ruling. The state then appealed to the U.S. Supreme Court.

The woman’s lawyer, James Felakos of the American Civil Liberties Union, said the woman was running out of time because she was 16 weeks to 17 weeks pregnant, and Missouri barred abortions after 22 weeks.

The woman, whose name was not disclosed in court papers, has said that she would borrow money for the abortion from friends and family but could not afford to pay for transportation between the jail and clinic.

Under state policy, Missouri’s prison system does not provide transportation or security for inmates seeking abortions. The policy is based on a state law that prohibits the spending of public funds “for the purpose of performing or assisting an abortion not necessary to save the life of the mother.”

State officials argued that their policy is reasonable because of the costs and security risks of transporting inmates outside for procedures the officials said were not medically necessary.

The state estimated that it would cost $350 plus fuel to have two guards accompany the woman on the 80-mile trip from her cell in Vandalia to a St. Louis clinic.

In court papers, the woman said she discovered she was pregnant shortly after being arrested in California in July on a Missouri parole violation.