Supreme Court Allows Missouri Inmate to have Abortion

OCTOBER 17, 2005, JEFFERSON CITY, MO – On October 17, 2005, the United States Supreme Court dissolved an order by U.S. Supreme Court Justice Clarence Thomas allowing the state of Missouri to refuse to transport a female prisoner at the Women's Eastern Reception, Diagnostic and Correctional Center in Vandalia to an abortion clinic to have an abortion. The woman who has been reported as being 16-17 weeks pregnant will now be taken to an abortion clinic for the procedure.

On Thursday, October 13, U.S. District Judge Dean Whipple ordered prison officials to transport the woman, referred to as Jane Doe, for the abortion, saying she had a constitutional right to the procedure. The Eighth Circuit Court of Appeals upheld Judge Whipple’s order. On Friday, Oct. 14, Supreme Court Justice Clarence Thomas, who handles appeals from the Eighth Circuit, issued a temporary stay of the order. The court’s order today dissolves Justice Thomas’ stay order.

“We are very disappointed that the federal courts have decided that Missouri taxpayers are required to pay a female prisoner’s costs associated with abortion,” stated Deacon Larry Weber, Executive Director of the Missouri Catholic Conference. “Missouri statue expressly prohibits state funds and resources from being expended in connection with abortions. This ruling clearly violates the intent of that law.”

Several secular news reports have erroneously stated that abortion in Missouri is illegal after 22 weeks of pregnancy. “This is simply not true,” said Deacon Weber. “Unfortunately abortions are legal in Missouri up to the time of birth.”