Reproductive Rights Prof Blog

Editor: Caitlin E. Borgmann
CUNY School of Law

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Saturday, September 15, 2012

Ninth Circuit Blocks Prosecution of Idaho Woman for Self-Induced Abortion

Reuters: U.S. Court says woman can't be charged for inducing abortion, by Dan Levine:

A U.S. appeals court on Tuesday blocked the prosecution of an Idaho woman who aborted her pregnancy by taking pills instead of traveling to a clinic or hospital as required by state law.

Jennie Linn McCormack, an unmarried mother of three, was charged by Bannock County prosecutors last year after she ingested medication to induce an abortion. The drugs were approved for use by the U.S. Food and Drug Administration and prescribed over the Internet, according to the opinion from the 9th U.S. Circuit Court of Appeals. . . .

The Wall Street Journal - Law Blog: Appeals Court Narrows Bar on Enforcing Idaho Abortion Statute, by Chad Bray:

A federal appeals court on Wednesday said that Idaho’s law allowing authorities to bring criminal charges against pregnant women who seek abortions by using medications purchased online will likely be found unconstitutional.

However, despite finding that a lawsuit challenging the statute is likely to prevail at trial, the U.S. Ninth Circuit Court of Appeals said a lower court went too far in broadly barring a local prosecutor from enforcing the law, which allows women to be charged criminally for undergoing procedures that the state deems “unlawful.” . . .

 

http://lawprofessors.typepad.com/reproductive_rights/2012/09/idaho-federal-appeals-court-says-woman-cannot-be-charged-for-inducing-abortion.html

Abortion, In the Courts | Permalink

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