McCormack v. Hiedeman

In 2010, Jennie Linn McCormack (defendant) purchased medication over the internet to terminate her pregnancy. State Attorney Mark Hiedeman (plaintiff) prosecuted McCormack for violating Idaho Code § 18-606, Unlawful Abortion Act (UAA), which made it a felony to undergo an unauthorized abortion procedure. Idaho Code § 18-608 listed the requirements for an authorized abortion. Under Section 18-608(1), a first-trimester abortion was permissible if performed in a hospital or a properly equipped clinic. Under Section 18-608(2), a second-trimester abortion was permitted only if performed in a hospital and in the woman’s best medical interest. Although a magistrate judge dismissed the charge, Hiedeman declared that he may refile the complaint. McCormack then challenged the constitutionality of the UAA and the Pain-Capable Unborn Child Protection Act (PUCPA), which made it a felony to perform a nontherapeutic abortion after 20 weeks but relieved the patient from liability. McCormack moved for a preliminary injunction. The district court granted the injunction for Section 18-606 and Section 18-608(1), holding that Hiedeman could not enforce the provisions against McCormack or others because McCormack was likely to succeed in challenging the provisions’ constitutionality. The district court did not extend the injunction to Section 18-608(2) or the PUCPA, finding that McCormack lacked standing because she had not been criminally charged under those provisions. The matter was appealed.