Saturday, September 15, 2012
In its recent decision affirming the district court's preliminary injunction barring the prosecution of an Idaho woman for causing her own abortion, the Ninth Circuit also upheld the district court's ruling that the woman lacked standing to challenge Idaho's "Pain-Capable Unborn Child Protection Act," which bans abortions starting at 20 weeks of pregnancy. The Ninth Circuit found that she did not face a genuine threat of prosecution given that she was no longer pregnant, had no "concrete plan" to violate the statute, the statute excludes the pregnant woman from criminal liability, and the authorities communicated no "specific warning or threat to initiate proceedings" under the statute. The court noted that its holding "does not foreclose other constitutional challenges to [the statute], in the event that a party can demonstrate standing."
The decision can be accessed here.