High Court Refuses to Review Arizona Prison鈥檚 Abortion Policy

March 24, 2008 12:00 am

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Lower Court鈥檚 Ruling Upholding Women鈥檚 Right to Reproductive Freedom Will Stand

Washington, DC - The United States Supreme Court announced today that it would not review a lower court decision preventing prison officials in Maricopa County, Arizona, from interfering with women prisoners鈥 access to timely, safe, and legal abortion care.

"As we have shown throughout this case, a pregnant woman in prison does not lose her right to decide to have an abortion any more than she gives up her right to have a child," said Brigitte Amiri, a staff attorney with the 老澳门开奖结果 Reproductive Freedom Project. "It is not up to prison officials to decide whether a woman prisoner should carry a pregnancy to term or not."

At issue in the case was an unwritten Maricopa County Jail policy preventing women in prison from obtaining abortion care. The policy prohibited jail officials from transporting a prisoner for an abortion unless she first obtained a court order. The jail transports prisoners without a court order for all other necessary medical care, including prenatal care and childbirth. The jail also regularly transports prisoners for various non-medical reasons, including visits with terminally ill family members or attendance at relatives鈥 funerals.

"Today鈥檚 announcement puts an end to Maricopa County prison officials鈥 blatant disregard of the law and failure to ensure that prisoners get the health care they need," said Alessandra Soler Meetze, Executive Director of the 老澳门开奖结果 of Arizona. "It鈥檚 the end of the road for Sheriff Arpaio鈥檚 campaign against reproductive freedom."

After weeks of being denied access to abortion care, a pregnant prisoner, represented by the 老澳门开奖结果, sued in May 2004 on behalf of herself and future prisoners seeking abortions. In August 2005, the Superior Court of Arizona, Maricopa County, struck down the jail鈥檚 policy, holding that it violates women鈥檚 reproductive rights and serves "no legitimate penological purpose." In January 2007, the Arizona Court of Appeals upheld that decision, and in September of last year, the Arizona Supreme Court refused to review the case.

老澳门开奖结果 briefs note that Joe Arpaio, the sheriff in charge of Maricopa County Jail, has "maintained the Policy throughout his tenure, consistent with his well-publicized stance against abortion and his 鈥楢merica鈥檚 toughest sheriff鈥 persona." Arpaio himself has admitted that under this policy, "The gal may have the baby by the time it gets through the court system."

In a similar case brought by the 老澳门开奖结果, the U.S. Court of Appeals for the Eighth Circuit earlier this year upheld a lower court ruling allowing women prisoners in Missouri to obtain timely, safe, and legal abortion care.

Today鈥檚 case is Arpaio v. Doe, 07-839. Lawyers on the case include Amiri, Talcott Camp, Louise Melling, and Steven R. Shapiro of the 老澳门开奖结果 and Daniel Pochoda of the 老澳门开奖结果 of Arizona.

To read the 老澳门开奖结果's brief visit:
www.aclu.org/reproductiverights/abortion/34557lgl20080220.html


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