RENO, Nev. (KRNV & MyNews4.com) -- The State Supreme Court is now being asked to weigh in on the case where a Washoe County District Judge may make a decision leading to a mentally impaired woman being forced to have an abortion.
The attorney for the woman's guardians who want the pregnancy carried to term say putting aside all the ethical questions about this case, there's a clear legal concern.
That's why he filed for having the Nevada Supreme Court try and have an immediate stop put to these proceedings.
The hundreds of pages filed boil down to one argument: that presiding Judge Egan Walker is acting outside his legal authority by holding hearings on what should be done with the pregnancy.
Attorney Jason Guinasso represents the adopted parents and legal guardians of the 32-year-old mentally impaired pregnant woman who News 4 is not naming at request of the judge.
Thursday, the woman shuffled into court with a packed crowd to hear doctors testify her pregnancy is high risk, since the woman has epilepsy, bipolar disorder and the child may develop defects from the mother's medications and STDs.
The judge is also trying to figure out how she got pregnant and if it was consensual, but Guiansso tells News 4 state law NRS 159.0805 says the only healthcare decisions guardians must get court approval about are sterilization and experimental treatments.
Pregnancy is not on the list.
The attorney says if the guardians are to be overruled, Washoe County Social Services should have filed a court document arguing why, and they have not done that. They, in fact, were brought in by the judge as neutral fact finders and issued a press release yesterday saying they have not "made any findings or conclusions as to whether the pregnancy should continue."
News 4's call for comments to the judge has not yet been returned.
Now, News 4 wants to remind you at this point there have been no court filings with an actual demand for the pregnancy to be terminated, and the judge hasn't told us if that option is even on the table, but the guardian's attorney says clearly in the Supreme Court argument that even having these hearings is a violation of law. A decision about that is expected sometime Monday or early Tuesday morning.