United States Ninth Circuit

In an action challenging the Pain-Capable Unborn Child Protection Act, which regulates the performance of abortions in Idaho, brought under 42 U.S.C. section 1983, the district court's grant of summary judgment for plaintiffs is affirmed where: 1) plaintiff's challenge to Idaho Code section 18606, knowingly submitting to an abortion not authorized under the statute, or purposely self-terminating a pregnancy, was not moot because her claims fell under three exceptions to the mootness doctrine; and 2) plaintiff had standing based on the lingering risk of prosecution under section 18606.

Appellate Information

• Decided 05/29/2015
• Published 05/29/2015

Judges

• Pregerson

Court

• United States Ninth Circuit

Counsel