Forced abortion for a mentally ill woman? No way, says Mass. appeals court

[Shadow]

A Massachusetts appeals court has verbally skewered a judge who ordered that a mentally ill woman have an abortion against her will even if it meant she had to be “coaxed, bribed, or even enticed” into a hospital.
The Massachusetts Appeals Court this week overturned the ruling by Norfolk Probate Judge Christina L. Harms, who had also ordered that the 32-year-old woman, known as “Mary Moe,” be sterilized.
The appellate decision noted that Moe “has consistently expressed her opposition to abortion” and likely would “continue to do so if she were competent.”
As for the sterilization order, state Appellate Court Associate Justice Andrew R. Grainger wrote: “No party requested this measure, none of the attendant procedural requirements has been met, and the judge appears to have simply produced the requirement out of thin air.”

http://usnews.msnbc.msn.com/_news/2012/01/19/10192109-forced-abortion-for-a-mentally-ill-woman-no-way-says-mass-appeals-court

[ConHog]

A Massachusetts appeals court has verbally skewered a judge who ordered that a mentally ill woman have an abortion against her will even if it meant she had to be “coaxed, bribed, or even enticed” into a hospital.
The Massachusetts Appeals Court this week overturned the ruling by Norfolk Probate Judge Christina L. Harms, who had also ordered that the 32-year-old woman, known as “Mary Moe,” be sterilized.
The appellate decision noted that Moe “has consistently expressed her opposition to abortion” and likely would “continue to do so if she were competent.”
As for the sterilization order, state Appellate Court Associate Justice Andrew R. Grainger wrote: “No party requested this measure, none of the attendant procedural requirements has been met, and the judge appears to have simply produced the requirement out of thin air.”

http://usnews.msnbc.msn.com/_news/2012/01/19/10192109-forced-abortion-for-a-mentally-ill-woman-no-way-says-mass-appeals-court

Is the one who was raped and her parents wanted her to get an abortion?

[logroller]

There are some obvious inconsistencies, or at least additional pieces which don't make sense to me.

From the OP.

The facts in the case are not in dispute, according to court documents. Moe, who suffers from schizophrenia and bipolar mood disorder, is a few months pregnant. She has been pregnant twice before: The first time she had an abortion; the second time she gave birth to a boy who is now in the custody of her parents. Between her abortion and the birth of her son, she suffered a “psychotic break,” and has been hospitalized numerous times for mental illness.

but then


The appellate decision noted that Moe “has consistently expressed her opposition to abortion” and likely would “continue to do so if she were competent.”

Was she not 'competent' when she had an abortion on her first pregnancy? Did the abortion trigger some change, which caused her to oppose abortion/ lose her mind? What a mess. Sounds like a prime candidate for a woman-only funny farm and move on.

[Shadow]

There are some obvious inconsistencies, or at least additional pieces which don't make sense to me.

From the OP.


but then



Was she not 'competent' when she had an abortion on her first pregnancy? Did the abortion trigger some change, which caused her to oppose abortion/ lose her mind? What a mess. Sounds like a prime candidate for a woman-only funny farm and move on.

I believe the woman was opposed to abortion because she claimed she was catholic. Her parents when in court told the judge she was "not a practicing catholic".

At any rate...the interesting thing here, is the original judge ordered not only a forced abortion (via fraud or trickery)...but also that this woman be sterilized....even though it was never brought up by her parents in the lawsuit.

Infact, the appeals judge even stated..

“No party requested this measure, none of the attendant procedural requirements has been met, and the judge appears to have simply produced the requirement out of thin air.”

[revelarts]

Sad story.
Shades of the eugenics laws that were practiced in the U.S. for years. There are mentally handicapped people in North Carolina who have sued the state because they were force sterilized as young men and women. Many poor black and native Americans suffered the same. Many states had laws on the books that did exactly what the judge, now at least, has to order out of thin air.

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