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Mo. Prison Overruled on Inmate Abortion (Clarence Thomas grants stay on earlier ruling)
AP ^ | 10/14/5 | DAVID TWIDDY

Posted on 10/14/2005 10:12:46 PM PDT by SmithL

Kansas City, Mo. (AP) --

The U.S. Supreme Court late Friday temporarily blocked a federal judge's order that Missouri prison officials drive a pregnant inmate to a clinic on Saturday for an abortion.

Justice Clarence Thomas, acting alone, 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 and ordered that the woman be taken to the clinic Saturday.

An appeals court on Friday refused to stay the ruling.

The woman, whose name was not disclosed in court papers, has said she will borrow money for the abortion from friends and family but cannot afford to pay for transportation.

Under a policy adopted in July, 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."

(Excerpt) Read more at sfgate.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: Missouri
KEYWORDS: abortion; clarencethomas; inmateabortion; inmates; justicethomas; prolife; ruling; scotus
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To: SmithL; afraidfortherepublic; Alamo-Girl; AlbionGirl; anniegetyourgun; Aquinasfan; Archangelsk; ...

Pro-Life/Pro-Baby ping!


21 posted on 10/14/2005 11:14:16 PM PDT by cgk (Bennett: If we are surrounded by the trivial & vicious, it is all too easy to make our peace with it)
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To: NormsRevenge

Thanks. I suspect that job would turn me gray(er) too.


22 posted on 10/14/2005 11:21:43 PM PDT by SmithL (There are a lot of people that hate Bush more than they hate terrorists)
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To: SmithL

I hear ya. I could never be a Judge much less a Supreme Court Justice.

I have the patience of a kid in a candy store.


23 posted on 10/14/2005 11:23:42 PM PDT by NormsRevenge (Semper Fi ... Monthly Donor spoken Here. Go to ... https://secure.freerepublic.com/donate/)
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To: Ramius

Even more puzzling , aren't you expected to give up your rights , especially those related to freedom , when you are in prison.


24 posted on 10/14/2005 11:38:04 PM PDT by loneroofer (love life)
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To: NormsRevenge

Republicans generally stink at appointing sound judges and justices: Warren, Brennan, Blackmun, Burger, Souter, Kennedy, O'Conner...

No surprises here.

Of course, the fact that the GOP gets it right about a third of the time is better than the Dems, who appoint badness 100% of the time, but it is still pretty discouraging.


25 posted on 10/14/2005 11:38:29 PM PDT by Agrarian
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To: SmithL
The woman, whose name was not disclosed in court papers, has said she will borrow money for the abortion from friends and family but cannot afford to pay for transportation.

Lets see, is this a simple woman forced by the state into a situation, or a cunning ploy to force changes to state law by a liberal lawyer?

She can borrow the money for an abortion, but not taxi fare, yet has enough money left over for a lawyer advocate... Right...

You know, I like it much better when laws are created by legislature, instead of being forced on the majority by a lawyer with a humanist religious agenda.

26 posted on 10/14/2005 11:42:39 PM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: cgk

More like hundreds of thousands. More babies are killed in their mothers wombs every year than soldiers died in the entire Vietnam war.

All for good reasons I am sure. Must be a very good reason, to justify the slaughter of an innocent baby right?


27 posted on 10/14/2005 11:46:56 PM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: SmithL
The woman's attorney, James Felakos of the American Civil "Liberties" Union, said in court papers that the woman is running out of time because she is 16 weeks to 17 weeks pregnant, and Missouri bars abortions after 22 weeks.

Abortion (from the Latin word aboriri, "to perish")

It is evident that the determination of what is right or wrong in human conduct belongs to the science of ethics and the teaching of religious authority. Both of these declare the Divine law, "Thou shalt not kill". The embryonic child, as seen above, has a human soul; and therefore is a man from the time of its conception; therefore it has an equal right to its life with its mother; therefore neither the mother, nor medical practitioner, nor any human being whatever can lawfully take that life away. The State cannot give such right to the physician; for it has not itself the right to put an innocent person to death. No matter how desirable it might seem to be at times to save the life of the mother, common sense teaches and all nations accept the maxim, that "evil is never to be done that good may come of it"; or, which is the same thing, that "a good end cannot justify a bad means". Now it is an evil means to destroy the life of an innocent child. The plea cannot be made that the child is an unjust aggressor. It is simply where nature and its own parents have put it. Therefore, Natural Law forbids any attempt at destroying fetal life.

Children are not conceived to perish under the knife of an abortionist. They are conceived to be born to a father and a mother, and live their lives without the threat of violence from an unknown hand..

gpapa [aka Catholic Californian]

28 posted on 10/15/2005 12:02:05 AM PDT by gpapa (Boost FR Traffic! Make FR your home page!)
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To: SmithL

Now if Clarence can put this on hold for 7 weeks it will take care of itself.


29 posted on 10/15/2005 12:21:24 AM PDT by taxesareforever (Government is running amuck)
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To: Mrs Zip

ping


30 posted on 10/15/2005 1:04:35 AM PDT by zip (Remember: DimocRat lies told often enough become truth to 48% of all Americans (NRA))
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To: SmithL
However, U.S. District Judge Dean Whipple ruled Thursday that the prison system was blocking the woman from exercising her right to an abortion

The prison system blocks you from exercising lots of rights. That's the nature of prison.

31 posted on 10/15/2005 1:42:58 AM PDT by Rodney King (No, we can't all just get along.)
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To: loneroofer

EXACTLY, one goes to prison and surrenders MANY rights. Can't get to your kids recital, can't go the funeral of your friends brother, can't go to the Super Bowl, or go to McDonalds and buy French Fries, can't take the wife out on the anniversary. So why should she go to an abortion?


32 posted on 10/15/2005 3:06:37 AM PDT by rovenstinez (..)
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To: American in Israel

Actually, it's more like 1.7 million per year. no joke. so sad.


33 posted on 10/15/2005 3:15:01 AM PDT by Zeppelin (Stop Global Warming. Shut a Liberal's Mouth.)
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To: SmithL

you have no rights in prison

that is what you're told if you become a guest in MO prisons

it was always my understanding that you are stripped of any rights when incarcerated


34 posted on 10/15/2005 3:24:43 AM PDT by sure_fine (*not one to over kill the thought process*)
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To: SmithL
"It is not the prison that has imposed the burden, but the prisoner's violation of the law that resulted in her incarceration that has imposed the burden," Attorney General Jay Nixon's office said.

that should be carved into the liberals forehead

35 posted on 10/15/2005 3:36:33 AM PDT by sure_fine (*not one to over kill the thought process*)
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To: SmithL

The ACLU part is missing now. Interesting.


36 posted on 10/15/2005 4:02:49 AM PDT by gobucks (http://oncampus.richmond.edu/academics/classics/students/Ribeiro/Laocoon.htm)
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To: American in Israel

perhaps i am mistaken, but the number of babies murdered in the usa every year is over one million. the accepted figure i always see quoted is some 45 million abortions have taken place since roe. roe is 1973 law so the math is really simple. it equals more or less 1 and a half million a year. each and everyone of those babies blood cries to god for justice, no matter what jackals in black robes think. that is going to be one heck of a sentence, imo.


37 posted on 10/15/2005 4:03:42 AM PDT by son of caesar (son of caesar)
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To: Agrarian

To be fair, the way the jurisprudence stands, I'm not sure, if I were the trial judge, I'd find any differently. The guy's a district judge, it's not necessarily his fault that the higher courts have ruled like they have.

I personally think this one's kinda close, but given a district judge's aversion to being reversed, this was probably the right decision by him. (No, I don't know anything about the case or the judge other than what's been on this thread, so I'm speculating.)

Of course...that doesn't mean we have to like it...that's something else.


38 posted on 10/15/2005 5:20:34 AM PDT by Grn_Lantern (Let's go to work...)
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To: SmithL

And now maybe we'll get an idea on how much we should trust Bush nominees, since this may give us the first Roberts abortion case...


39 posted on 10/15/2005 5:35:31 AM PDT by Grn_Lantern (Let's go to work...)
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To: NormsRevenge

Thanks for the pics of Clarence Thomas.


40 posted on 10/15/2005 5:49:01 AM PDT by LowOiL ("I am neither . I am a Christocrat" -Benjamin Rush)
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