Abortion Prosecution.

In a small town in Idaho, where abortion facilities are unavailable, an unemployed, unmarried woman with three children, ages 2, 11 and 18, ordered medication for a medication-induced abortion over the internet. The local prosecutor filed a felony complaint against her. The woman faced up to five years in prison. Four months later, the felony complaint was dismissed without prejudice, and the prosecutor would not commit, one way or the other, regarding whether it would be re-filed. The woman filed a class action complaint in federal district court against the prosecutor, and the district court issued a preliminary injunction restraining the prosecutor from enforcing Idaho’s abortion statute. The prosecutor appealed to the Ninth Circuit, claiming the injunction was overbroad and there was an insufficient showing the woman would prevail on the merits. The Ninth Circuit reversed to the extent the injunction grants relief to anyone but the woman, and affirmed the trial court’s determination the woman will likely succeed with her constitutional challenge to part of Idaho’s abortion law. McCormack v. Hiedeman (Ninth Cir.; September 11, 2012) (Case No’s. 11-36010, 11-36015) 694 F.3d 1004.