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McCORMACK v. HIEDEMAN

Nos. 11-36010, 11-36015.

694 F.3d 1004 (2012)

Jennie Linn McCORMACK, Plaintiff-Appellee, v. Mark L. HIEDEMAN, Bannock County Prosecuting Attorney, Defendant-Appellant. Jennie Linn McCormack, Plaintiff-Appellant, v. Mark L. Hiedeman, Bannock County Prosecuting Attorney, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2012.

Attorney(s) appearing for the Case

Clay R. Smith , Deputy Attorney General, Boise, ID, for the defendant-appellant and cross-appellee.

Richard A. Hearn , Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, ID, for the plaintiff-appellee and cross-appellant.

Kathleen M. O'Sullivan , Perkins Coie, Seattle, WA, for amici curiae Legal Voice, Center for Reproductive Rights, and National Advocates for Pregnant Women.

Before: BETTY B. FLETCHER and HARRY PREGERSON, Circuit Judges, and DONALD E. WALTER, Senior District Judge.

OPINION

PREGERSON, Circuit Judge:

On May 18, 2011, Mark Hiedeman, the Bannock County, Idaho prosecuting attorney, filed a felony criminal complaint in the district court of the State of Idaho, in and for Bannock County against Jennie Linn McCormack. The complaint charged McCormack with "the public offense of Unlawful Abortion, Idaho Code § 18-606," which makes it a felony for any woman to undergo an abortion in a manner not authorized by statute. As...

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