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Mar 1st, 2010
Posted by Brigitte Amiri, Reproductive Freedom Project at 3:04pm

We'll be Watching You, Sheriff Arpaio

After six years of protracted litigation, women in Maricopa County Jail — you know, the one run by the infamous Sherriff Joe Arpaio — have finally (hopefully) secured their constitutional right to obtain an abortion. The case began in 2004 when a woman, referred to under the pseudonym Jane Doe, was in jail and sought an abortion. Jail officials denied her request, and told her that she had to go to court and have a judge order the jail to transport her for an abortion. She tried this route, but the court denied her request. That's when the ACLU filed a legal challenge on her behalf, both to ensure that she receive a safe, timely abortion and to strike down Arpaio's unconstitutional policy. We won. Arpaio appealed. And we won again. Arpaio appealed again, to the Arizona Supreme Court, which refused to review the decision. And Arpaio appealed again, this time to the U.S. Supreme Court, which refused to hear the case.

At that point, we thought the constitutional right to obtain an abortion for women in Maricopa County Jail was secure. But apparently the rule of law doesn't mean much to Arpaio, "America's Toughest Sheriff." Shortly after he exhausted all appeals, he blatantly defied the court's ruling and refused to voluntarily transport another woman in his custody, referred to as Mary Roe, for an abortion. We intervened and ensured that Ms. Roe was able to obtain her abortion; we also filed a motion to hold Arpaio in contempt of court.

But Arpaio wasn't done playing games with women's constitutional rights. In the middle of negotiations on our contempt motion, he decided to impose a new obstacle on women seeking abortion care: in order to be transported, he demanded that women pay $300 a day up front in transportation and security costs. Sarah Poe, another inmate, could not afford to prepay these costs, and would have been forced to have a baby if we did not intervene. We helped secure her abortion, and we challenged the prepayment policy. In October last year, we won, again.

Last week we learned that Arpaio is not going to appeal this latest ruling. We hope that this is the end to a long chapter, and we particularly hope that women in Arpaio's jail do not have to go through what Ms. Doe, Ms. Roe, and Ms. Poe went through: delay in obtaining care, which may have threatened their health, not to mention the anguish of thinking they may have been forced to remain pregnant and give birth against their will. As a result of their fight, Arpaio must now transport women in his facility who request an abortion, and he must transport them even if they can't afford to pay the transport costs upfront. We've said "hopefully" this is the end because history has shown that Arpaio doesn't seem to grasp the mandates of the constitution or abide by court orders. If Arpaio tries any new tricks, we stand ready to continue the fight.

(Cross-posted to Feministing and RH Reality Check.)

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70 Responses to "We'll be Watching You, Sheriff Arpaio"

  1. Anonymous Says:

    Glad someone is willing and able to stand up to help commit murder.

  2. Anonymous Says:

    Think those babies are happy you won?
    Think they felt any pain as they were cut apart while still alive?
    You hold the knife the next time, O.K.

  3. Anonymous Says:

    It's a sad day when a man of the law is forced to be an accomplice to murder.

  4. Anonymous Says:

    Thanks for all the work you do, ACLU.

  5. Anonymous Says:

    God forbid any woman should suffer the anguish of having to have a baby that she created!

  6. Anonymous Says:

    The ACLU is a scurge on society. Not Sheriff Joe!

  7. Anonymous Says:

    take reponsabilty for your own life,
    if you can not pay to kill yor baby
    she will have to live.

  8. Anonymous Says:

    May Arpaio's life be long, and stricken with the worst and most painful of afflictions until his dying breath.

  9. Anonymous Says:

    good work!

  10. Anonymous Says:

    AMERICAN COMMUNIST LIABILITY UNION. What a bunch of scum.

  11. Max Says:

    How are all these women in jail getting pregnant? Or are they arriving pregnant? I'd be asking that question to Joe :)

  12. Graham Says:

    Thanks for fighting one of the most dangerous men in America. Arpaio is the criminal, and if justice is served, he will be the one in prison someday.

  13. Anonymous Says:

    How about they stop getting pregnant? Wait, actually have the people be responsible for their own actions. NO, WE DEFINITELY CAN'T HAVE THAT!

  14. Urinal Gum Says:

    I only approve of abortion if the pregger is gay married. /http://www.urinalgum.com/?p=835 stop the wacky Christians!

  15. Anonymous Says:

    Who pays for these abortions? The taxpayer? Inmates MAY have a right to abortions, but the taxpayer should not have to pay for the abortion.

  16. Anonymous Says:

    Great job. Please be watching him in all other areas as well, not just women's rights to secure an abortion.

  17. Anonymous Says:

    I hate to point this out, but seeing as there is no mention anywhere in the Constitution of abortion, it's impossible to HAVE a "constitutional" right to an abortion.

    It is LEGAL, yes, but the definition of "constitutional" is "something protected by the Constitution," which abortion is not.

  18. Anonymous Says:

    My copy of the Constitution must be out of date. I do not see the words "right to an abortion" anywhere.

  19. Anonymous Says:

    And this is one of the reasons I donate to the ACLU in every pay period. Thanks, ACLU, for all the good works you do.

  20. Frog Says:

    Good job idiots!So who protects the right of the child? WIN for humanity!

  21. Anonymous Says:

    What's next? Stripping inmates of the right to vote..... The right to bear arms?

  22. Anonymous Says:

    GOOD JOB SHERIFF KEEP UP THE GOOD WORK! The ACLU is a freaking joke!!!!

  23. Anonymous Says:

    its a good thing babies don't have rights

  24. Anonymous Says:

    Shame on you.

  25. James Hubbard Says:

    Congratulations. Men like this cannot be allowed to deny women their rights. How he has managed to maintain his position is beyond me.

  26. Anonymous Says:

    Congratulations! I am so proud that your group fought so had to kill a baby! Man you must be so proud.

  27. Anonymous Says:

    Well done, ACLU!! Fantastic!

  28. Anonymous Says:

    You're watching him, I'm watch you.

  29. William Says:

    ACLU, we are lucky to have you around. Thank you

  30. Anonymous Says:

    ACLU-Atheists, Child-molesters and Liberals United..

  31. Anonymous Says:

    Here's an idea. Why don't they practice birth control and stop wasting my tax dollars. Go Joe!

  32. Peter Beck Says:

    I like Sheriff Arpaio because he infuriates spineless, self righteous liberals. He has the cajones to do what few men today will do- uphold the law against those who flaunt their contempt for it. Like the ACLU.

  33. Anonymous Says:

    The Arizona constitution provides for a right to an abortion? I couldn't find it in the US constitution.

    This is simply a sentence I never thought I'd ever encounter: "At that point, we thought the constitutional right to obtain an abortion for women in Maricopa County Jail was secure."

  34. Anonymous Says:

    If you don't want taxpayer money to fund abortions, I don't want my taxpayer money to fund wars.

    Suck it up, princess.

  35. Anonymous Says:

    It's an implied right, jack-asses. Great job ACLU!!!

  36. Anonymous Says:

    Abortion is a choice. An elective medical procedure. Not a necessity or a right. Hey lets let them all go get cosmetic procedures!

  37. Anonymous Says:

    Can't find it in the constitution? Look under "involuntary servitude" and "cruel and unusual punishment".

  38. Kermit Says:

    The Constitution doesn't mean what you think it means; it doesn't even mean what *I think it means. The Constitution means what the Supreme Court says it means.

    Thank you, ACLU. You protect Constitutional rights of people, whatever their political proclivities.

  39. Anonymous Says:

    Way to go Joe!

  40. Anonymous Says:

    Hell Yes. Thank you, ACLU.

  41. Anonymous Says:

    extremely proud to be a card carrying member of the ACLU

    I like the ACLU because they infuriate the spineless, self righteous religious reich

  42. Anonymous Says:

    "But Arpaio wasn't done playing games with women's constitutional rights." Since when do prisoners have constitutional rights? Keep up the good work Arpaio!

  43. god Says:

    though shalt not be a douchebag in my name. if there is any confusion, please refer to my notes; do unto others, meek shall inherit, in the world not of it, etc.

  44. Grant Says:

    Please disallow anonymous comments. Tie them to an email account or remove them altogether. These Joe-supporters are spreading hate and vitriol, and it's not worth giving them a platform.

  45. flanders Says:

    they should have to get their abortions in mexico. we should start a fund for one way tickets

  46. Jim Goldsworthy Says:

    You go Joe! Thats why we keep electing him, he never even has to campaign.

  47. Anonymous Says:

    If I didn't get the dance, why do I have to pay the band?

  48. just me Says:

    Wow, how many of these comments were from the same person? 90%?

    Its still legal to get an abortion, so get over it and move on.

  49. Anonymous Says:

    Wow Guess I'm donating to the ACLU! Stay strong.

  50. Anonymous Says:

    Thanks, ACLU. Somebody's got to fight this, and I'm thankful you guys did.

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