8th Circuit Grants Rehearing in Shackling Case

We found out today that the 8th Circuit has granted the petition for rehearing in Nelson v. Norris. In any year, less than 100 cases in the entire federal system are granted en banc (full court) review. NAPW and allies filed an emergency amicus (friend of the court) brief with the court, condemning the dehumanizing practice of shackling pregnant women during labor and delivery and asking for review.

Unfortunately local counsel in the United States Court of Appeals for the 8th Circuit (the federal level appellate court that reviews decisions from federal district courts in North Dakota, South Dakota, Iowa, Nebraska, Missouri, Minnesota and Arkansas) lost a challenge to the dehumanizing practice of shackling pregnant women. Recognizing the harm this decision would do, counsel reached out to national advocacy groups for help in an effort to petition that court for re-hearing. Even though NAPW does not specialize in prison issues, we are recognized for our commitment to pregnant women and our extraordinary ability to mobilize leading public health and advocacy groups. With allies at the Rebecca Project for Human Rights and the National Economic and Social Rights Initiative (NESRI), we were able to identify more than 35 organizations that wanted to be represented as amicus in a brief articulating both constitutional and international human rights arguments in support of the re-hearing and against the degrading and cruel practice of keeping pregnant women in labor in shackles. On behalf of groups ranging from local grassroots organizations such as the Texas Jail Project to the National Perinatal Association, we argued against the dehumanizing practice of shackling pregnant women. We did all this in less than a week.

We are confident that this amazing coalition effort helped to persuade the 8th Circuit to grant a rehearing in Ms. Nelson's case. Oral argument is set for September 24, 2008.