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McCORMACK v. HIEDEMAN

Case No. 4:11-cv-00433-BLW.

900 F.Supp.2d 1128 (2013)

Jennie Linn McCORMACK, on behalf of herself and all others similarly situated, and in the interests of the general public, Plaintiff, and Richard Hearn, M.D., on behalf of himself and his patients seeking medical abortions for health reasons prior to fetal viability, Plaintiff-in-Intervention, v. Mark L. HIEDEMAN, Bannock County Prosecuting Attorney, Defendant.

United States District Court, D. Idaho.

March 6, 2013.

Attorney(s) appearing for the Case

John B. Ingelstrom , Jonathan M. Volyn , Racine Olson Nye Budge and Bailey, Pocatello, ID, for Plaintiff.

Jack Van Valkenburgh , Van Valkenburgh Law, PLLC, Boise, ID, for Plaintiff-in-Intervention.

Richard A. Hearn , Racine Olson Nye Budge and Bailey, Pocatello, ID, for Plaintiff/Plaintiff-in-Intervention. Clay R. Smith, Office of Attorney General, Boise, ID, for Defendant.

MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, Chief Judge.

INTRODUCTION

On May 18, 2011, Mark Hiedeman,1 the Bannock County, Idaho prosecuting attorney, filed a felony criminal complaint 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...

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