McCormack v. Hiedeman

Plaintiff filed a class action lawsuit against defendant, a prosecuting attorney, charging, among other things, that Idaho Code 18-606 violated various provisions of the U.S. Constitution. The prosecuting attorney had previously filed a felony criminal complaint against plaintiff, charging her with "the public offense of Unlawful Abortion" pursuant to section 18-606. The Idaho state district court subsequently dismissed the criminal complaint without prejudice and the prosecuting attorney had not determined whether he would re-file the criminal complaint. In the class action suit, the district court issued a preliminary injunction, restraining the prosecuting attorney from enforcing section 18-606 and 18-608(1). Both parties appealed, raising several challenges. The court affirmed the district court's determination that plaintiff would likely succeed with her facial constitutional challenges to sections 18-606 and 18-609(1); affirmed the district court's conclusion that plaintiff lacked standing to seek pre-enforcement relief against the enforcement of the Pain-Capable Unborn Child Protection Act (PUCPA), Idaho Code 18-505; reversed the scope of the injunction to the extent that it granted relief beyond plaintiff; and reversed the district court's determination that plaintiff did not have standing to enjoin enforcement of section 18-608(2) in conjunction with section 18-606. View "McCormack v. Hiedeman" on Justia Law

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