Wednesday, October 26, 2005

Guessing about Roberts and Roe

Here's an interesting commentary on the first abortion related action of the Roberts court. A Missouri prisoner in her 2nd trimester wanted an abortion but under a new statute Missouri doesn't provide transportation for prisoners to abortion facilities unless the abortion is medically necessary, which wasn't the case. She sued saying the policy violated her right under Roe and was cruel and unusual punishment. It came to U.S. District Judge Dean Whipple who found in her favor. Please read the article it explains all the issues involved very well, it's not obvious and he didn't decide it on a knee jerk reaction.

So this in the jurisdiction of the Eighth Circuit Court of Appeals and Justice Thomas is the Circuit Justice. The Eighth Circuit issued a temporary stay of Judge Whipple's decision pending the Supreme Court's resolution of the issue. This kind of stuff happen often and the court didn't give a reason for it's decision. The Supreme Court, in a one-sentence order denied review, and Judge Whipple's decision stands. That's all the info we have to go on. But the article ends with lots of speculation as to what could have happened. Of course it covers Robert's opinion being either side of the issue and can come to no conclusions but I found the discussion interesting.

No comments: