Our Work in Idaho

2022

Almerico v. State of Idaho

2010

McCormack v. Heideman

In 2010, McCormack, an unemployed mother of three, became pregnant. She sought an abortion, but there were no providers in southeast Idaho; the closest provider was in Utah. Because she could not afford the costs of travel and a surgical procedure, she terminated her pregnancy through a medical abortion, using pills obtained over the internet. McCormack was charged with felony misconduct under Idaho law, brought putative class action challenging constitutionally of Idaho abortion laws, and moved for preliminary injunctive relief. Physician intervened as a plaintiff to assert his own challenge to those laws, as well as challenge on behalf of his patients. The United States District Court for the District of Idaho, entered order enjoining prosecuting attorney from enforcing one statutory subsection against woman, but finding that woman did not have standing to challenge other provisions, and parties appealed to the 9th Circuit. Legal Voice, along with the Center for Reproductive Rights filed an amicus curiae brief in support of McCormack. The 9th Circuit affirmed the district court, and found both the criminal penalty for self-induced abortion and the 20-week ban unconstitutional.