High Court Stops Inmate's Abortion

Justice Thomas Temporarily Blocks Mo. Prisoner's Abortion Attempt

(AP) 
State officials argued that their policy is reasonable because of the costs and security risks of transporting inmates outside for procedures the officials said are not medically necessary.

The state estimated it would cost $350 plus fuel for two guards to accompany the woman on the 80-mile trip from her cell in Vandalia to a St. Louis clinic.

"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.

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.

In court papers, the woman said she discovered she was pregnant shortly after being arrested in California in July on a Missouri parole violation. She said she tried to get an abortion in California, but was transferred back to Missouri before it could be performed.

Justice Thomas handles appeals from the 8th U.S. Circuit Court of Appeals, which includes Missouri. He could lift the stay over the weekend, after reviewing more legal arguments.

It is not uncommon for the Supreme Court to issue temporary stays that give both sides time to file more arguments.