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Federal Judge: Prisoners Have Abortion Rights

A federal judge has ordered the state of Missouri to provide transportation to a female inmate who wants an abortion.

The judge held that prisoners have a constitutional right to abortion, just like everyone else. How Appealing has posted the opinion here. The Kansas City Star has more.

"The right to abortion survives incarceration," Rothert said.

From the opinion:

It is well-settled that imprisonment does not automatically deprive a prisoner of his or her constitutional rights or valid constitutional claims

....Imprisonment does permit greater restriction of constitutional rights than would otherwise be constitutionally valid and many constitutional rights enjoyed prior to incarceration are curtailed or lost upon imprisonment.

....The Supreme Court has consistently held that incarceration necessarily limits any privileges and rights, and in Johnson, expressly referred to many rights that may be so limited, such as First Amendment challenges to prison regulations, restrictions on freedom of association, limitations on inmate correspondence, restrictions on inmates' access to courts, restrictions on receipt of subscription publications, the involuntary medication of mentally ill prisoners, and restrictions on the right to marry.

....A woman's right to terminate her pregnancy is encompassed by the right of privacy founded in the Fourteenth Amendment's concept of personal liberty.

The Court's conclusion:

For the forgoing reasons, the Court concludes that Defendants' Policy violates both the Fourteenth and Eighth Amendments of the United States Constitution. Plaintiffs' Motion for Summary Judgment (Doc. 57) is GRANTED. Defendants' Motion for Summary Judgment is DENIED.

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    Sure....give em abortions.....color TV's.....work out equipment... videos....chunky style peanut butter... whatever they want... after all, they're only in PRISON... why should they suffer?

    Re: Federal Judge: Prisoners Have Abortion Rights (none / 0) (#2)
    by Johnny on Wed Jul 19, 2006 at 01:52:37 PM EST
    So BB, is an abortion the equivalent of a consumer good? Get it together and look at it from a financial POV. I would almost bet you would sit there and bawl your eyes out about the costs associated with bringing a child to term and subsequently raising that child on the state dime. And here I thought conservatives were all about cost-benefit analysis, sheez...

    Sure....give em abortions.....color TV's.....work out equipment... videos....chunky style peanut butter... whatever they want... after all, they're only in PRISON... why should they suffer?
    Incredible... I really don't know how to respond to your post. Pointing out the legal differences between chunky style peanut butter and the legal right to an abortion would be a futile effort since you wouldn't get it. The idiocy of your post speaks for itself. Ignorance must be pure bliss for you BB.

    Re: Federal Judge: Prisoners Have Abortion Rights (none / 0) (#4)
    by roy on Wed Jul 19, 2006 at 03:48:40 PM EST
    Don't let's feed the troll.

    That this sort of thing still qualifies as newsworthy in 2006 speaks volumes about how far we've come (not very) and how far we still need to go (miles to go before we sleep). BB: One goes to prison AS punishment not FOR further punishment. QED.

    Re: Federal Judge: Prisoners Have Abortion Rights (none / 0) (#6)
    by aw on Wed Jul 19, 2006 at 06:22:13 PM EST
    Why, why, why, would anyone want to force childbirth upon anyone in prison?

    Re: Federal Judge: Prisoners Have Abortion Rights (none / 0) (#7)
    by HK on Thu Jul 20, 2006 at 02:41:49 AM EST
    Why is this woman not being applauded for making a responsible decision to not bring into the world a child that is not wanted or that she is not capable of raising properly? Maybe she is trying to turn her life around and not inflict the consequences of her mistakes on others. While I am eager to not respond to the ridiculous comments of BB, it is interesting that he/she equates carrying a pregnancy to term with 'suffering'. I bet that is not a point of view he/she expresses when arguing that non-inmates should keep their babies.

    ok ok..everybody calm down. Got you thinking didn't I? The judge held that prisoners have a constitutional right to abortion, just like everyone else. Nobody should have the "right" to abortion.... I equate this to the perceived right of "illegal aliens" to be here. My point is simply this.... (being from the "old school") I think prisoners should have very few "right's" ... and causing the tax payers more money isn't one of them. That being said... I'd actually favor forced abortions to prisoners which would indeed save tax payers money! Ok..you can go back to calling me names now.

    Re: Federal Judge: Prisoners Have Abortion Rights (none / 0) (#9)
    by glanton on Thu Jul 20, 2006 at 01:20:34 PM EST
    Got you thinking didn't I?
    That has to be one of the five most hilarious things I've ever seen posted, in earnest, on TL.

    Re: Federal Judge: Prisoners Have Abortion Rights (none / 0) (#10)
    by kdog on Thu Jul 20, 2006 at 01:42:41 PM EST
    BB...I'm confused. Are you saying your fine with prisoners having abortions as long as it's the warden's decision and not the mothers? To think I had hope for you.

    Re: Federal Judge: Prisoners Have Abortion Rights (none / 0) (#11)
    by Peaches on Thu Jul 20, 2006 at 01:51:04 PM EST
    Kdog, You had hope for him? Come to think of it, I once did too. WE are all fools.

    Re: Federal Judge: Prisoners Have Abortion Rights (none / 0) (#12)
    by jondee on Thu Jul 20, 2006 at 01:53:55 PM EST
    B.B - Then I assume you'd be in favor of forced abortions for the poor also? I never took you for an abortion loving leftie.

    Re: Federal Judge: Prisoners Have Abortion Rights (none / 0) (#13)
    by jondee on Thu Jul 20, 2006 at 01:56:21 PM EST
    He goes from playing the abortion card on every other post, to wanting to make them mandatory for some sectors of the populace.

    Re: Federal Judge: Prisoners Have Abortion Rights (none / 0) (#14)
    by kdog on Fri Jul 21, 2006 at 08:48:25 AM EST
    In our early discussions...BB at least seemed to believe in freedom. Now I'm starting to wonder.