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DUreader Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-02-04 08:23 AM
Original message
Court Upholds Denial of Inmate's Abortion
http://www.guardian.co.uk/uslatest/story/0,1282,-4044043,00.html


Court Upholds Denial of Inmate's Abortion


Sunday May 2, 2004 3:31 AM


By JESSICA BUJOL



NEW ORLEANS (AP) - Medical workers at a Louisiana jail did not violate an inmate's civil rights by preventing her from having an abortion because the procedure was not ``medically necessary,'' a federal appellate court has ruled.

In its opinion Friday, the 5th U.S. Circuit Court of Appeals ruled in favor of the prison's policy of requiring a court order for elective medical procedures.

``Requiring a court order for an elective procedure that requires a round trip to and three-day stay in New Orleans is reasonable,'' the court said.

William Rittenberg, the woman's attorney, declined to say whether his client would appeal. The woman, identified in court documents as Victoria W., became pregnant in 1999, carried the baby to term and placed it with adoptive parents.

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nodehopper Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-02-04 08:35 AM
Response to Original message
1. Stires like this make me shake with rage.
They fucking forced this woman to have a baby she did not want.
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xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-02-04 09:01 AM
Response to Original message
2. further evidence
a woman's body is not her own.
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DaveSZ Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-02-04 09:13 AM
Response to Reply #2
3. It's the 5th circus court
Edited on Sun May-02-04 09:15 AM by DaveSZ
They ruled that police can enter people's homes without a warrant the other week.

Most of the justices are Reagan-appointed nuts.
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iamjoy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-02-04 09:19 AM
Response to Original message
4. Wait a Minute
Some one help me on the law here.

Was she guilty of a felony? Because, don't citizens lose their civil rights for felony convictions? Anyway, it doesn't sound like a felony, it sounds like she only served a few months.

If an incarcerated woman (misdemeanor or felony) doesn't have the right to control her body does this mean that prisoners (male or female) can be forced by the government to participate in medical experiments? What about some sort of temporary chemical castration on male prisoners (they shouldn't be having sex anyway - that's an elective activity.)

Although in this case, it does sound as if the concerns were security related. Still, one must wonder...
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Gildor Inglorion Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-02-04 10:17 AM
Response to Original message
5. I wonder where she had the baby....
``Requiring a court order for an elective procedure that requires a round trip to and three-day stay in New Orleans is reasonable,'' the court said.

Did she have it in a hospital, thereby requiring a court order? Or did she just drop it there in the prison and get on with her work?
Maybe she had it after she got out of prison. I hope that's the case. When those judges are roasting in hell along with the monster who appointed them, they will have ample time to reflect upon their crimes against humanity. }(
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iamjoy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-02-04 11:52 AM
Response to Reply #5
6. She Was Released
Edited on Sun May-02-04 11:54 AM by iamjoy
She was released prior to having the baby, but too late to get an abortion.

It sounds like she became pregnant while not in jail, found out while in jail and then released in the second or third trimester.

I wonder why she didn't get that court order. I wonder if it would have been futile to try. I mean, it only makes sense that if the judges were hostile to reproductive rights they would have denied the request not based on her needs or behavior, but simply because they didn't want her to have an abortion.
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MaineDem Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-02-04 05:00 PM
Response to Original message
7. So much for choice, eh?
I do think a lawyer should have been able to get the court order, however.
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James T. Kirk Donating Member (916 posts) Send PM | Profile | Ignore Sun May-02-04 10:12 PM
Response to Original message
8. I hope the baby is OK.
He or she is about five years old now. I wonder what sort of life the kid will have.
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progressivebydesign Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-03-04 12:02 AM
Response to Reply #8
9. It was adopted out.. I think that's what it said. Thankfully. N/T
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SemperEadem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-03-04 02:49 AM
Response to Original message
10. the state won't tolerate abortions, but does the death penalty
they cannot straddle the fence on this issue.
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Misunderestimator Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-03-04 05:22 AM
Response to Original message
11. Oh My God.... It really is...
A Handsmaid's Tale. Think about it for a minute... all they have to do to actually BE that book's story is to jail any women they want on whatever charge they like (they can find a way to do that with the Patriot Act). Then force themselves on them while in captivity and refuse to allow them to have abortions. Yep... that's what they'd like... Barefoot, Pregnant and Incarcerated.

Aaaarrrggggghhhhh
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