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NYC Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 01:55 AM
Original message
High Court Blocks Prison Abortion Order
http://www.heraldnewsdaily.com/stories/news-0086134.html

KANSAS CITY, Mo. - The U.S. Supreme Court late Friday temporarily blocked a federal judge‘s ruling that ordered Missouri prison officials to 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.

An appeals court on Friday refused to stay the ruling.
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TaleWgnDg Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 02:01 AM
Response to Original message
1. Justice Thomas blocks Missouri prisoner's abortion transportation . . .
Edited on Sat Oct-15-05 02:50 AM by TaleWgnDg

By DAVID TWIDDY, Associated Press Writer
Saturday, October 15, 2005, 12:17 AM EDT

KANSAS CITY, Mo. - (Justice Clarence Thomas of) the U.S. Supreme Court late Friday temporarily blocked a (Missouri) federal (trial court) judge's ruling that ordered Missouri prison officials to drive a pregnant inmate to a clinic on Saturday for an abortion. Justice Clarence Thomas, acting alone, granted the temporary stay (order) 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(, the Missouri federal trial court judge,) 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.

. . . snip . . .

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."

. . . snip . . .

Justice Thomas handles appeals from the 8th U.S. Circuit Court of Appeals, which includes Missouri (federal courts). He could lift the (SCOTUS) stay (order) over the weekend, after reviewing more legal arguments (from both parties).
.

.

This so smacks of Justice Clarence Thomas' legal theory (originalism) . . . so very much. This is a temporary SCOTUS denial. But wait. He will continue to rule that the state legislature (i.e., the state law) over-rides this female inmate's constitutional privacy rights u/ Roe. What an *sshole is Thomas.

And, due to the time of day, this SCOTUS order hasn't been posted as yet on its official website: http://www.supremecourtus.gov/orders/05ordersofthecourt.html

This Justice Clarence Thomas (single justice) SCOTUS (temporary stay) order overturns an earlier Missouri federal court order which was subject to an earlier DU LBN article. However, with this newer LBN article, Justice Thomas has tossed out (overturned) that earlier federal Missouri court order. Thus, due to the importance of SCOTUS/Thomas actions, it is a LBN story in and of itself and should not be combined w/ any prior LBN story in DU.

.
____________

edited to include Associated Press (AP) hyperlink: http://news.yahoo.com/s/ap/20051015/ap_on_re_us/inmate_abortion
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funflower Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 02:11 AM
Response to Reply #1
3. Thomas is the * of Supreme Court Justices. But, let's not forget the
state of Missouri, which created this legislative nightmare in the first place.
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TaleWgnDg Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 04:55 AM
Response to Reply #3
6. States may enact any damn laws that they want, and many
.
States legislatures may enact any laws that they want, and many states do exactly that! No matter how off-the-wall those state laws may be. This is an excellent example of such a state law.

However, it is the duty of the SCOTUS justices to uphold the U.S. constitution assisting individuals who are injured as a result of those state laws. Here, Justice Thomas cannot *see* where there is a federal constitutional right to privacy including a woman's right to not have state laws unduly burden her when seeking an abortion.

Justice Thomas is lead by his religion and its strict adherence to authority, illusory rules and policy judgments. Thomas may call his legal "philosophy" originalism, but in all truth, his ideology blinds him to civil and/or individual rights as express or implied in our federal constitution. The very same rights which afforded him his journey to a SCOTUS seat.

He's a self-centered, blind, arrogant *ss.
.
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Why Syzygy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 05:56 AM
Response to Reply #6
7. Good points.
Edited on Sat Oct-15-05 05:57 AM by votesomemore
Keep in mind also that he has no CLUE what led to this pregnancy.
Rape? Incest? Criminal mischief? He DOES NOT KNOW.

Get out of the way lord Thomas.
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rodeodance Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 07:18 AM
Response to Reply #6
8. and women suffer because of arrogance of as his.





....He's a self-centered, blind, arrogant *ss.
.
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Spinzonner Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 07:36 AM
Response to Reply #1
10. But doesn't it take a Supreme Court Justice to do this

and based upon 'Originalism', isn't Thmas at most three-fifths of a Justice ?
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booksenkatz Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 09:04 AM
Response to Reply #1
13. Shades of "Handmaid's Tale" in this story, my friends. NT
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krkaufman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 11:14 AM
Response to Reply #1
15. He learned it from Scalia...

File a temporary stay, until time runs out and the issue becomes moot.

(i.e. stop the vote counting, and finally release a decision a couple hours before the vote counting deadline; prevent the early exercise of choice, until the pregnancy has progressed past the point where MO allows choice)
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TaleWgnDg Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 02:28 PM
Response to Reply #1
19. . . . more on this SCOTUS/JusticeThomas abortion case . . .
Edited on Sat Oct-15-05 02:35 PM by TaleWgnDg
.

Supreme Court issues (temporary) stay in Missouri abortion case


Alexis Unkovic (of Jurist News, on Saturday, October 15, 2005,) at 12:01 PM EDT

(JURIST News) U.S. Supreme Court Justice Clarence Thomas (official biography, .pdf format, AdobeReader required) issued a temporary stay late Friday (night) blocking a (Missouri) federal court order allowing prison officials in Missouri to transport a pregnant inmate to a medical facility for an abortion. Missouri law (text) prohibits the use of public funds "for the purpose of performing or assisting an abortion not necessary to save the life of the mother."

The prisoner, represented (by) attorneys from the ACLU (advocacy website), has secured funds to pay for the procedure, but does not have money to pay for transport from the prison to the medical facility, an additional $350. The (temporary) stay will remain in effect until the (U.S. Supreme Court) issues an opinion, but attorneys for the inmate argue that time is running out, Missouri law bars abortions after 22 weeks unless there is a threat to the mother's life, and the inmate is 17 weeks pregnant. AP has more.

. . . more at . . . http://jurist.law.pitt.edu/paperchase/2005/10/supreme-court-issues-stay-in-missouri.php (Jurist News url)

.

So the bottom line here is that Justice Thomas is presented undisputed facts that the total cost to transport this pregnant prisoner is $350.00 but is unwilling to force the State of Missouri to cough it up in order for this prisoner to get an abortion . . . so it goes with Justice Thomas. However, how much will it cost the State of Missouri for ob/gyn costs for 9 months? hospital costs to deliver the baby? and for the State to legally remove the once-born baby from the mother and place the child into state foster care? and these monetary costs do not equate the medical and emotional costs to the mother to be a forced breeder for the State of Missouri!! And, what of the born child? What do the rightwingnuts say about kids born "out of wedlock" and their chances to become criminals? You go, Clarence Thomas, you go; you and your Roman Catholic religion that you are unable to separate from your so-called "originalism" legal theory. How stupid can it get? These damn ideologues sitting on SCOTUS!!
.
__________________________
edited to correct Jurist News hyperlink
.
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flordehinojos Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 02:11 AM
Response to Original message
2. speaking on the fundamentalist freaks who are taking over our government,
sister joan chittister says,
(snip)

"...fundamentalists here say, for instance, that government officials -- Supreme Court justices and presidents -- should rule that all abortion at all times is murder but that capital punishment, whatever its failures, is not.

Life is obviously not an absolute value for these people. On the contrary, the thinking seems to be that some people deserve to die and some people do not. And by virtue of what one group or another says is moral or immoral, we know who they are. We'll give everybody a chance to be born, but we will kill them when they do not measure up to what we say is godly. " snip

more at link
http://nationalcatholicreporter.org/fwis/
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funflower Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 02:12 AM
Response to Reply #2
4. Go, Sister Joan!
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 02:19 AM
Response to Original message
5. Pubic hair and intimidation of Anita Hill
This man hates women and his own sexuality. Now he's ruling on women's issues? Sure.
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rodeodance Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 07:19 AM
Response to Reply #5
9. I recall his horrible nomination process. Sickening.
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Divernan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 08:19 AM
Response to Reply #5
11. And if the prisoner happens to be black, that oreo Thomas has a trifecta!
What's the deal on his personal life? I recall the tacky photo of him curled up with his white/bleached blond wife, published in a national news magazine after his nomination but before his confirmation to the Supreme Court. So I've always thought of him as a black who married white but sexually harassed black. Does he have children? I know children of black/white biracial marriages say it is tough because they don't feel accepted by either culture/group. So if he has kids, I wonder how they have fared. And if he doesn't have kids, there's yet another reason he cannot relate to the concerns of many Americans.
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Divernan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 08:24 AM
Response to Original message
12. How did she get pregnant in prison? Raped by guard?
The article gives no information on how long this woman has been in prison, her age, her health, and very importantly, how she became pregnant. Who is the father of this child? Was she raped by a guard or administrator?
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bornskeptic Donating Member (951 posts) Send PM | Profile | Ignore Sat Oct-15-05 10:18 AM
Response to Reply #12
14. She was arrested in July,
according to the article, and her attorney says she is 16 to 17 weeks pregnant. Assuming both of these hings are true, she would have to hqave become pregnant prior to being arrested. She could not have been in custody more than 15 weeks.
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Evergreen Emerald Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 11:39 AM
Response to Original message
16. He is an activist judge.
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Gregorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 11:55 AM
Response to Original message
17. The party of life, or death, depending on the day.
Stop an abortion, kill an Iraqi...

Living in America is like being in a washer on spin dry.
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slay Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 01:49 PM
Response to Original message
18. Thomas should NOT be allowed to take away this woman's right
to an abortion. Yet another slimey move by a right wing nut-job. :mad:
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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 02:38 PM
Response to Original message
20. Clarence Thomas is doing what he was appointed to SCOTUS for
The righwing wants to impose its religious views on America, by force if need be. Why should we be surprised when people like Scalia, Roberts, Thomas, or Miers (if she is confirmed) do what they were appointed to SCOTUS to do: suppress women and LGBT rights, protect corporate interests above the people's interests?

What are you prepared to do to destroy the rightwing?

Putting a Democrat in the White House is clearly not enough, we must dismantle conservatism!

We can use PATRIOT Act against the rightwing. We can declare the GOP a terrorist and treasonous organization and purge the judiciary of all rightwing judges. That's what is going to take to begin the long arduous process of restoring the Republic. We must be willing and prepared to use the extraordinary powers that Bush has taken for himself to destroy Bush and his legacy. It is only after the rightwing and their reactionary allies in the Democratic Party are destroyed that we can restore Constitutional rule and the separation of powers, and have popular democratic elections.
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