U.S Court says woman can't be charged for inducing abortion

Sep. 12th, 2012 12:02 am
[identity profile] lynn82md.livejournal.com
Remember this story last December about Jennie McCormack?

A U.S. appeals court on Tuesday blocked the prosecution of an Idaho woman who aborted her pregnancy by taking pills instead of traveling to a clinic or hospital as required by state law.

Jennie Linn McCormack, an unmarried mother of three, was charged by Bannock County prosecutors last year after she ingested medication to induce an abortion. The drugs were approved for use by the U.S. Food and Drug Administration and prescribed over the Internet, according to the opinion from the 9th U.S. Circuit Court of Appeals.

Idaho requires that abortions be performed during the first trimester in a hospital, doctor's office or clinic. No licensed healthcare providers offered the procedure near where McCormack lived in southeastern Idaho, the opinion said.

The criminal case against McCormack was dismissed, and she filed a lawsuit claiming Idaho's abortion law is unconstitutional. An Idaho federal judge issued an injunction saying the law can't be enforced.

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The Next Roe vs. Wade? Jennie McCormack's Abortion Battle

Dec. 22nd, 2011 12:38 am
[identity profile] lynn82md.livejournal.com
The last thing on Jennie Linn McCormack’s mind when she realized she was pregnant was that she might, with a single telephone call, upend the vitriolic national debate on abortion.

All she thought about was how it would be impossible for her to take care of another baby. Surviving, barely, on the $250 of monthly child support for one of her three kids, the unemployed, unmarried 32-year-old also knew she didn’t have the more than $500 she’d need for the two-and-a-half-hour trip from her bare-bones rental in Pocatello, Idaho, to Salt Lake City, the closest city with a clinic willing to terminate a pregnancy. She had no computer, no car, no one to take care of her 2-year-old—and like Idaho, Utah had a waiting period for abortions, which meant she’d have to make two round trips. So early this past January, she made the call that may alter history and turn Jennie McCormack into Jane Roe’s unlikely successor: she asked her sister in Mississippi to buy RU-486, the so-called abortion pill, over the Internet and send it to her. The cost: about $200.

“My mind just kept going back to my kids, how there was no way I could do that to them, no way I could make their lives even worse,” says McCormack, a petite blonde, as she nearly sinks between the cushions of her sofa, her eyes rimmed with tears. The man who had impregnated her had just been sent to jail for robbery; she did not feel comfortable reaching out to her mother—Mormon, like almost everyone in southeastern Idaho—for help.

McCormack, who thought she was about 12 weeks along, took the pills (the protocol involves two drugs, mifepristone and misoprostol) the afternoon they arrived. The drugs are FDA-approved only for ending early-stage pregnancies; McCormack had no complications, but the pregnancy turned out to be more advanced than she thought—perhaps between 18 and 21 weeks, experts later speculated—and the size of the fetus scared her. She didn’t know what to do—“I was paralyzed,” she says—so she put it in a box on her porch, and, terrified, called a friend. That friend then called his sister, who reported McCormack to the police.

Although RU-486 is legal and the fetus was not yet “viable” (that is, old enough to live outside the uterus), Idaho has a 1972 law—never before enforced—making it a crime punishable by five years in prison for a woman to induce her own abortion. The day after police arrested McCormack, her mug shot appeared above the fold in the local newspaper. “It’s hard to imagine the humiliation and fear,” says her lawyer, Richard Hearn, who is also a physician.

So, what do you all think about this?
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