Appeals Court Fights Back Against Idaho Law Criminalizing Abortions

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Photo: jfcherry/Flickr

Idaho law enforcement officials more than likely don’t have the right to bring criminal charges against women who buy medicine online to induce abortions, the Ninth Circuit Court of Appeals ruled.The court’s ruling comes after Bannock County prosecutor Mark Hiedeman filed criminal charges last year against unmarried mother of three Jennie Linn McCormack for buying medicine over the Internet to terminate her pregnancy, The Wall Street Journal’s Law Blog reported Tuesday.

While the charges were dropped last September, McCormack is challenging the law, saying it’s unconstitutional.

In its decision, the Ninth Circuit ruled a state cannot “prosecute a pregnant woman who seeks an abortion in a manner that may not be authorised by the state’s statute, including when a pregnant woman receives physician-prescribed medication to terminate her pregnancy,” according to Law Blog.

The court also found that McCormack’s lawsuit was likely to be successful and the law would be found unconstitutional.

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