Jennie McCormack v. Mark Hiedeman

On May 18, 2011, Mark Hiedeman, the Bannock County, Idaho prosecuting attorney, filed a felony criminal complaint in the district court of the State of Idaho, in and for Bannock County 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. As a result, McCormack faced the possibility of up to five years imprisonment for allegedly violating Idaho Code § 18-606 , which specifically targets pregnant women. Idaho Code § 18-606 (2). On September 7, 2011, the Idaho state district court dismissed the criminal complaint without prejudice. Prosecuting attorney Hiedeman has not determined whether he will re-file the criminal complaint.

On September 24, 2011, McCormack filed in the U.S. District Court for the District of Idaho a class action lawsuit against the prosecuting attorney, Hiedeman. The suit charges, among other things, that Idaho Code § 18-606 violates various provisions of the United States Constitution. The district court issued a preliminary injunction, restraining Hiedeman from enforcing…