CURRENT EVENTS (3/7/13): Judge Strikes Down Restrictive Idaho Abortion Law
Judge Strikes Down Restrictive Idaho Abortion Law
(Image source: Kim Murphy / Los Angeles Times)
BY LORA VLAEVA
A federal district judge struck down an Idaho law Wednesday which prohibited abortion after 20 weeks, after a mother of three filed a lawsuit.
Judge B. Lynn Winmill ruled the law unconstitutional because it contradicts Supreme Court precedent, which says no state can bar a woman from receiving an abortion before the fetus is viable outside the womb. (Via KARK)
The case erupted after the unemployed single mother of three, Jennie McCormack, was criminally charged for inducing an abortion after 20 weeks of pregnancy. The Los Angeles Times reports Judge Winmill’s ruling.
“The purpose of the [law’s] categorical ban is to protect the fetus -- not the mother. In essence, [the law] embodies a legislative judgment equating viability with 20 weeks’ gestational age, which the Supreme Court expressly forbids.”
The case also led to striking down two other Idaho abortion laws that said abortions must take place in a clinic — or a hospital, depending on how far along the pregnancy is. The Huffington Post has more.
“In her lawsuit, McCormack challenged the lack of access to abortions for women in her region ... She noted there are no elective-abortion providers in southeastern Idaho, forcing women seeking the procedure to travel elsewhere.”
Similar judgements rejecting Idaho’s abortion law, although non-binding, had already been made by the 9th circuit appellate court. Daily Kos cheered that judge back in September.
“Judge Harry Pregerson plainly and unapologetically embraced the idea that prosecuting women for terminating pregnancies won't end abortion, it will just create a whole new class of criminals.”
Idaho is not the only state to have passed restrictive abortion laws - in total seven states adopted similar legislation in 2011. NBC Washington has more:
“Abortion opponents in other states say recent research shows that long before a fetus is viable, it can feel pain though many medical experts say that’s not the case. Eight states have now so called ‘fetal pain’ laws in effect.” (Via WRC)
And one of them is Arkansas, which banned abortion after just 12 weeks making it the nation’s strictest abortion law.
ABC News reports the Arkansas law is under strong scrutiny and will soon be challenged by activists rallying after Idaho’s victory.
Idaho’s judgement is the first time a “fetal pain” law has been struck down.
(Image source: Kim Murphy / Los Angeles Times)
BY LORA VLAEVA
A federal district judge struck down an Idaho law Wednesday which prohibited abortion after 20 weeks, after a mother of three filed a lawsuit.
Judge B. Lynn Winmill ruled the law unconstitutional because it contradicts Supreme Court precedent, which says no state can bar a woman from receiving an abortion before the fetus is viable outside the womb. (Via KARK)
The case erupted after the unemployed single mother of three, Jennie McCormack, was criminally charged for inducing an abortion after 20 weeks of pregnancy. The Los Angeles Times reports Judge Winmill’s ruling.
“The purpose of the [law’s] categorical ban is to protect the fetus -- not the mother. In essence, [the law] embodies a legislative judgment equating viability with 20 weeks’ gestational age, which the Supreme Court expressly forbids.”
The case also led to striking down two other Idaho abortion laws that said abortions must take place in a clinic — or a hospital, depending on how far along the pregnancy is. The Huffington Post has more.
“In her lawsuit, McCormack challenged the lack of access to abortions for women in her region ... She noted there are no elective-abortion providers in southeastern Idaho, forcing women seeking the procedure to travel elsewhere.”
Similar judgements rejecting Idaho’s abortion law, although non-binding, had already been made by the 9th circuit appellate court. Daily Kos cheered that judge back in September.
“Judge Harry Pregerson plainly and unapologetically embraced the idea that prosecuting women for terminating pregnancies won't end abortion, it will just create a whole new class of criminals.”
Idaho is not the only state to have passed restrictive abortion laws - in total seven states adopted similar legislation in 2011. NBC Washington has more:
“Abortion opponents in other states say recent research shows that long before a fetus is viable, it can feel pain though many medical experts say that’s not the case. Eight states have now so called ‘fetal pain’ laws in effect.” (Via WRC)
And one of them is Arkansas, which banned abortion after just 12 weeks making it the nation’s strictest abortion law.
ABC News reports the Arkansas law is under strong scrutiny and will soon be challenged by activists rallying after Idaho’s victory.
Idaho’s judgement is the first time a “fetal pain” law has been struck down.