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Arpaio can’t deny transport for inmate abortions
Maricopa County Sheriff Joe Arpaio can’t refuse to transport pregnant women to doctors to have an abortion, the Arizona Supreme Court ruled Tuesday.
Without comment , the justices upheld an appellate court ruling that concluded women do not lose their constitutional right to abortions solely because they are behind bars.
Arpaio, whose policy of refusing to provide transportation was overturned, said he was disappointed by the ruling.
“I did the right thing and I would do it over again,” he said.
The sheriff also said he might ask state legislators to alter the law to make his policy legal. But that could prove to be a pointless act: The right to an abortion has largely been determined by federal courts based on their reading of the U.S. Constitution.
The case involves an unnamed woman who was sentenced to four months in jail.
Within a week of her incarceration, jail medical officials confirmed she was pregnant. She asked to be transported to an abortion facility, offering to pay for both the cost of the procedure as well as any incidental transportation and security costs.
The sheriff’s office refused, telling her she needed a court order. But that process took seven weeks.
By that time, the American Civil Liberties Union intervened not only on her behalf but also to overturn Arpaio’s policy of demanding a court order. The trial judge agreed with the ACLU, which led to the unsuccessful appeals.
One of Arpaio’s arguments is that providing transportation violates a state law that prohibits the use of public funds for abortions. But the appellate court pointed out the woman offered to pay for transportation and security costs.
The sheriff also argued there are security concerns about transporting inmates outside the jail. But the appellate court pointed out that Arpaio’s office already transports inmates for various other purposes, ranging from court hearings to compassionate visits with dying family members, all without a court order.
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