United States Ninth Circuit

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McCormack v. Hiedeman, 11-36010

In plaintiff's class action lawsuit against a prosecuting attorney for filing a felony criminal complaint against her with the public offense of Unlawful Abortion, Idaho Code section 18-606, which makes it a felony for any woman to undergo an abortion in a manner not authorized by statute, the district court's grant of a preliminary injunction restraining the prosecuting attorney from enforcing the Code is affirmed in part, reversed in part and remanded where: 1) the district court did not abuse its discretion in determining that plaintiff would likely succeed with her facial constitutional challenges to Idaho Code sections 18-606 and 18-608(1); 2) the district court abused its discretion in crafting an overbroad preliminary injunction, as it should be limited to enforcement of the applicable code sections against the plaintiff only; 3) the district court erred in not enjoining the enforcement of the section 18-606 in conjunction with both sections 18-608(1) and 18-608(2); and 4) plaintiff does not have standing to seek pre-enforcement prospective relief against the enforcement of the Pin-Capable Unborn Child Protection Act.

Appellate Information

  • Decided 09/11/2012
  • Published 09/11/2012


  • Pregerson


  • United States Ninth Circuit


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