On May 18, the American Civil Liberties Union of Texas sent a letter to officials in Parker County, Texas, objecting to the county prison's refusal to transport a female inmate to a clinic to obtain an abortion, the Fort Worth Star-Telegram reports. The letter calls on officials to develop a policy that will ensure inmates' abortion rights are not infringed upon in the future.

Lisa Graybill, attorney with ACLU of Texas, wrote that "pregnant women do not lose their 14th Amendment right to have an abortion as a result of incarceration."

Michele Deitch -- a senior lecturer at the University of Texas Lyndon B. Johnson School of Public Affairs and School of Law who helped draft the American Bar Association's Standards on the Treatment of Prisoners -- said she agrees with ACLU's position. ABA's 2010 standards state, "Governmental authorities should facilitate access to abortion services for a prisoner ... through prompt scheduling of the procedure upon request and through the provision of transportation to a facility providing such services."

Attorney Bill Mateja -- a former federal prosecutor and senior counsel to the deputy U.S. attorney general -- said the U.S. Court of Appeals for the 5th Circuit, which oversees Texas, in 2004 ruled that some restrictions can be placed on prisoners' abortion rights. "[B]ut at the end of the day, if they constitute an undue burden, it is likely that burden would be unconstitutional," he added.

Parker County officials said the issue is moot because the pregnant woman was released shortly after she made the abortion request. Larry Fowler, the county's sheriff, said he does not believe his department was required to provide an abortion for the prisoner.

John Forrest, the county attorney, said he would explore the issue but does not expect to write any new policies at ACLU's request (Hanna, Fort Worth Star-Telegram, 5/21).

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