Reproductive Rights Prof Blog

Editor: Caitlin E. Borgmann
CUNY School of Law

A Member of the Law Professor Blogs Network

Saturday, September 15, 2012

Ninth Circuit Affirms that Idaho Woman Lacks Standing to Challenge State's Post-20-Week Ban

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.

http://lawprofessors.typepad.com/reproductive_rights/2012/09/ninth-circuit-rules-that-idaho-woman-lacks-standing-to-challenge-post-20-week-ban.html

Abortion, Abortion Bans, In the Courts | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef017d3c12b430970c

Listed below are links to weblogs that reference Ninth Circuit Affirms that Idaho Woman Lacks Standing to Challenge State's Post-20-Week Ban:

Comments

Post a comment