January 3, 2013 10:31 AM Subscribe
posted by zarq (66 comments total)
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Jennie Linn McCormack "isn’t the only woman in recent years to be prosecuted for ending her own pregnancy. But her case could change the trajectory of abortion law in the United States": The Rise of DIY Abortions
.Single page version of the New Republic article
(triggers print queue)
A week after her at-home abortion, Jennie Linn McCormack
was arrested. "McCormack ran afoul of a 1972 Idaho law that makes it a felony for a woman to perform her own abortion
" (in a manner not sanctioned by the state.) "Not only does the law pre-date Roe v. Wade, it pre-dates RU-486." Her case was dismissed. The court ruled there was no way to enforce a law which forbids women from inducing their own pregnancies.
McCormack then appealed the decision,
claiming the law itself
was unconstitutional. This past September, the US Court of Appeals Ninth District agreed
. The decision is here
(pdf). An interesting read. From the New Republic article, above:
"Written by Democratic appointee Judge Harry Pregerson, the ruling describes in detail the difficulty poor women experience in obtaining an abortion in Idaho. These restrictions, he argued, essentially outlawed the procedure for them, potentially violating the “undue burden” test sometimes invoked by the Supreme Court. He maintained that, since it was so hard for McCormack to obtain a legal abortion, it was unjust to charge her for having an illegal one."
McCormack's lawyer then filed a motion "that, if successful, would halt prosecutions of all women and doctors in Idaho for illegal abortion, and overturn the pain-capable law." The case has been heard. A decision is pending.
Editorial from one of the experts called by McCormack's lawyer in New York Times Opinionator: Can Neuroscience Challenge Roe V. Wade?