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McCormack v. Hiedeman


This lawsuit was brought by Jennie Linn McCormack, who challenged her prosecution under an “unlawful abortion” statute that makes it a felony to self-induce an abortion in Idaho. (See Idaho Code § 18-606.) McCormack also challenged the constitutionality of Idaho’s 20-week abortion ban (SB 1165.)


In September of 2011, the district granted a temporary restraining order blocking her prosecution under the unlawful abortion law, but denied a request to block the 20-week ban because Jennie Linn was not being prosecuted under it. (McCormack v. Hiedeman, No.  4:11-cv-00397-BLW, 2011 U.S. Dist. LEXIS 107823 (D. Idaho, Sept. 23, 2011).)

In September 2012, the Ninth Circuit Court of Appeals largely affirmed the lower court opinion. (McCormack v. Hiedeman, 694 F.3d 1004 (9th. Cir. 2012).)

In March 2013, the district court struck down as unconstitutional the 20-week ban, as well as several other anti-abortion laws, including a law criminalizing abortion when not performed in a hospital by a physician. (McCormack v. Hiedeman,  900 F. Supp. 2d 1128 (D.Idaho 2013).)