9th Cir.; 13-35401 The court of appeals affirmed a district court judgment. The court held that Idaho law was facially unconstitutional where it categorically banned abortions beyond twenty weeks post-fertilization. The court held further that Idaho law was facially unconstitutional in placing an undue burden on a woman’s ability to obtain an abortion by requiring hospitalizations for all second-trimester abortions. The court held also that Idaho’s lack of definitive standards for performing legal first trimester abortions rendered that portion of its abortion laws unconstitutionally vague. As Prosecuting Attorney of Bannock County, Idaho, Stephen Herzog filed a criminal complaint against Jennie McCormack for her alleged violation of Idaho Code §18-606. In particular, the criminal complaint alleged that McCormack knowingly submitted to an abortion not authorized under statute, or purposefully self-terminated a pregnancy. McCormack admitted to law enforcement that she had self-induced an abortion after ingesting pills. Medical examination of the fetus indicated its gestational age was between nineteen and twenty-three weeks, "but with difficult certainty." An Idaho state judge dismissed the criminal complaint without prejudice for lack of probable cause.
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