Legal News

Appeals Court Blocks Prosecution of Woman over Abortion
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Tuesday, the 9th U.S. Circuit Court of Appeals blocked the prosecution of an Idaho woman who was charged by Bannock County prosecutors for aborting her pregnancy by taking pills, instead of visiting a clinic or hospital as required by state law. Jennie Linn McCormack, an unmarried mother of three had been held criminally liable for taking her abortion into her own hands.

However, the 9th Circuit noted that no licensed healthcare providers offered abortion near  McCormack’s place of residence in southeastern Idaho, and that the medicine she took was approved for use by the FDA and was prescribed over the internet.

Primarily, the criminal case against McCormack was dismissed after the circumstances came to the knowledge of the court, and then she filed a lawsuit claiming the abortion law in Idaho to be unconstitutional. In consequence, a federal judge in Idaho issued an injunction blocking enforcement of the law.

  
What
Where


The 9th Circuit agreed with the order of injunction and held that criminal abortion statutes usually applied to individual professionals, such as doctors, who perform abortions in a manner that threaten the safety of women. Such laws could not apply to the pregnant women themselves, according to the opinion of the court.

The 9th Circuit observed, “There can be no doubt, that requiring women to explore the intricacies of state abortion statutes to ensure that they and their provider act within the Idaho abortion statute framework, results in an ‘undue burden’ on a woman seeking an abortion of a nonviable fetus.”

While at this point of time the injunction is applicable only to the case of McCormack, the matter may ultimately end in a judgment striking down the law in its entirety, according to the 9th Circuit.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Currently, Idaho requires that abortions during the first trimester be performed in a hospital, doctor’s office, or approved abortion clinic.





 

RELEVANT JOBS

Experienced Real Estate Attorney

USA-NY-New York City

Golenbock Eiseman Assor Bell & Peskoe LLP is a full service midtown Manhattan law firm of approximat...

Apply now

Associate Attorney

USA-NJ-Ocean Township

$60,000 to $80,000 Annually Employment Type Full-Time Why Work Here? “Small office...

Apply now

Attorney

USA-NY-New York City

Attorney admitted in NY and NJ for Insurance Defense field (NY only acceptable). The ideal candidate...

Apply now

Attorney

USA-ME-Portland

The Bennett Law Firm practices management side labor and employment law and alcohol licensing / regu...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Insurance / Litigation Associate Attorney

USA-FL-Miami

Miami office of our client seeks an insurance/litigation associate attorney with 2-3 years of civil ...

Apply Now

Employment Associate Attorney

USA-NY-East Syracuse

East Syracuse office of a BCG Attorney Search Top Ranked Law Firm seeks associate attorney with 4 ye...

Apply Now

Employment Associate Attorney

USA-NY-Rochester

Rochester office of a BCG Attorney Search Top Ranked Law Firm seeks associate attorney with 4 years ...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top