home

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.

< What Lakoff and Obama Do Not Understand | Bush Vetoes Stem Cell Research Bill >
  • Premium Ads

  • Blog Ads

  • Contribute To TalkLeft

    donate to TalkLeft


  • Display: Sort:
    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.

    re (none / 0) (#15)
    by dacontemil on Tue Oct 31, 2006 at 05:29:28 AM EST
    amateur6
    mateur27
    anal4
    anime6
    asian8
    ass9
    babe4
    bbw5
    bdsm6
    beach7
    bisexual8
    bizarre4
    black44
    blonde6
    blowjob7
    bondage2
    booty3
    bukkake9
    cartoon4
    exotic5
    celebrite5
    clitoris5
    closeup7
    cock4
    couple8
    creampie3
    cumshot6
    deepthroat7
    dildo9
    doublepenetration2
    drunk6
    ebony3
    ethnic2
    face9
    facial1
    fat4
    femdom55
    fetish7
    ffm8
    fingering2
    fisttime
    fisting8
    flashing3
    footjob2
    fucking7
    banggang3
    gay8
    gay69
    gloryhole1
    granny0
    hairy9
    handjob4
    hardcore6
    hentai8
    housewife4
    indian3
    interracial9
    japanese2
    latex6
    latina7
    lesbian8
    lingerie5
    maid8
    mardigras2
    masturbation7
    mature8
    maturee
    midget3
    milf6
    mmf5
    model5
    nude33
    nudist6
    oral9
    orgy3
    outdoor5
    pantie4
    pissing7
    plumper8
    pornstar3
    pregnant2
    puffy9
    pussy4
    redhead6
    rimjob7
    schoolgirl8
    shaving3
    shemale6
    showerbath3
    smoking2
    softcore2
    spanking1
    squirting5
    stories7
    strapon9
    swinger5
    teen6
    thong3
    threesome2
    tits2
    toes1
    toon55
    toy6
    tranny9
    ugly3
    virgin7
    voyeur3
    webcam22
    weird1
    wetshirt8
    cartes6
    cartesh
    cartesb
    cartes8
    carte7
    carte24
    carte33
    jeux33
    jeux24
    jeux34
    jeu263
    jeuuuu
    jeu33
    humour6
    recette8
    recettefree
    voitureee
    enfant9
    vacancesss
    familiale5
    truc6
    diaporamas5
    diaporamas2
    astuce6
    voyage3
    diaporama7
    diaporama2
    partitions2
    partition7
    fondsdecran9
    fonddecran6
    horoscopes2
    spectacle7
    massage5
    horoscope4
    tele2
    soluce8
    auto3
    tv9
    footbal4
    golf8
    erotiques8
    videocomique9
    histoire9
    couple3
    erotique7
    sport5
    videoscomiques8
    tunning2
    tatouages2
    tatouage5
    tarot8
    icone8
    lingerie2
    bebe7
    television6
    programme2
    codejeu9
    solutionjeu8
    ecransdeveille2
    f1rallye1
    ecrandeveille
    famille9
    touristique5
    tennis32
    ppsppt2
    cinema6
    yoga8
    wallpaper2
    cheat7
    tourisme2
    sportive66
    blagues5
    blague7
    imagehumour8
    voyager4
    illusion9
    safari2
    vacances4
    vacancesplus
    filmgratuit
    porngratuit
    xxxgratuit8
    pornogratuit8
    sexgratuit8
    sexegratuit7
    sexegratuit2
    moviegratuit3
    xgratuit6
    telechargementfilm7
    telechargementmovie8
    telechargementporn
    telechargementporno
    telechargementsex
    telechargementsexe
    telechargementx
    telechargermovie
    telechargerfilm
    telechargerporn
    telechargerporno
    telechargersex
    telechargersexe7
    telechargerx
    telechargerxxx
    sexe8
    sexe22
    sexeeee
    sex6
    sex23
    porno8
    porno9
    porno33
    aged8
    amazing9
    anime66
    asshole9
    babe7
    backseat3
    bang6
    bathing2
    beach6
    beauty7
    beaver5
    bed5
    tit8
    bimbo2
    bizarre6
    boy2
    busty1
    butt8
    cheerleader6
    chick8
    chinese6
    chubby2
    classy5
    clit2
    coed1
    corset1
    cum9
    cunt5
    curly7
    dick7
    dirty2
    doll4
    dorm3
    dress2
    drilled6
    drinking3
    feet8
    girlfriend2
    glasses7
    gorgeous3
    goth2
    granny8
    hidden9
    hirsute3
    hooter0
    horny2
    huge6
    jerking2
    jizz7
    juicy7
    kinky8
    kissing2
    leg1
    lick8
    lust2
    male1
    masturbating7
    melon8
    mom2
    naked6
    natural3
    nature9
    naughty3
    nipple7
    nympho8
    oiled3
    older2
    orgasm6
    oriental9
    outside3
    panty2
    penetrate1
    petite3
    pink1
    plump7
    pornstar8
    pretty2
    private5
    skinny8
    slut3
    smoke6
    spank7
    sperm9
    spread8
    stocking8
    strip7
    stripper8
    stud3
    student6
    sucking4
    sybian3
    tall3
    tease2
    topless4
    tranny6
    tub3
    twink3
    undressing4
    vagina6
    vibrator3
    vixen2
    whore1
    wives0

    recettes
    recettes2
    safari
    sexy
    sexy2
    soluce
    solutionjeu
    spectacle
    sport
    sportive
    tarot
    tatouage
    tatouages
    tele
    television
    tennis
    tourisme
    touristique
    truc
    tuning
    tv
    vacances2
    videocomique
    videoscomiques
    voiture
    voyage
    voyager
    wallpaper
    yoga

    erotique
    erotiques
    f1rallye
    familiale
    famille
    fonddecran
    fondsdecran
    football
    golf
    histoire
    horoscope
    horoscopes
    humour
    icone
    illusion
    imagehumour
    jeu
    jeu2
    jeu3
    jeux
    jeux2
    jeux3
    lingerie
    massage
    partition
    partitions
    ppsppt
    programme
    recette
    recette2

    astuce
    auto
    bebe
    blague
    blagues
    carte
    carte2
    carte3
    cartes
    cartes2
    cartes3
    cartes4
    cheat
    cinema
    codejeu
    couple
    diaporama
    diaporama2
    diaporamas
    diaporamas2
    ecrandeveille
    ecransdeveille
    enfant

    fetiche
    fetichisme
    film
    film2
    film3
    films
    films2
    films3
    girl
    gratuite
    gratuite2
    gratuite3
    gros
    grosse
    hardcore
    homosexuel
    hot
    image
    image2
    latinas
    lesbian
    mature
    mature2
    models
    movie
    mure
    nude
    nudiste
    orgasme
    orgie

    amatrice
    anus
    asian
    ass
    baise
    beurette
    bikini
    bisexuel
    black
    black2
    blonde
    boob
    brune
    celebrite
    chaleur
    charme
    clitoris
    cochon
    couille
    enculer
    erotique
    erotisme
    etudiante
    exhibitionniste
    fellation
    femme
    femme2
    femme3
    fesse

    pornographie
    pussy
    rasee
    rousse
    sado
    salope
    sex
    sex2
    sexe
    sexe2
    sexuelle
    sexy
    sodomie
    suce
    suceuse
    teen
    tit
    toon
    transsexuelle
    video
    video2
    video3
    videos
    videos2
    videos3
    voyeur
    webcam
    x
    x2
    xxx

    adulte
    amateur
    amateur2
    anal
    asiatique
    bite
    coquin
    cul
    gay
    gay2
    hard
    histoire
    jeune
    lesbienne
    manga
    noire
    nu
    penis
    photo
    photo2
    photo3
    pied
    pipe
    poitrine
    porn
    porno
    porno2