In May 2011 Jennie Lin McCormack of Idaho was charged with unlawful abortion when a fetus was found in a box in her house apparently between 6-7 months gestation. She allegedly
abortion her pregnancy using medications ordered over the internet because she could not afford to travel to a licensed clinic (there are no providers in her area) and pay for a procedure with her income of only $200-$250 dollars a month. She already two children and could not afford a third.
This case has stirred up a great deal of discussion about whether
abortion outside the auspices of a
medical office should be considered safe.
More importantly, McCormack has now filed suite in Federal Court against Bannock County's prosecuting attorney, contending Idaho's new law banning
abortions after 20 weeks of pregnancy violates the Constitution. It is the first lawsuit that challenges these laws.
The law makes
abortion illegal after 20 weeks of gestation because of the belief that at this time the fetus may experience pain. This belief is not supported by medical science. This law, based on similar laws passed in several states, goes against the federal law which allows abortion up till 24 weeks. It also does not contain exceptions for the health of the mother.
Although the question of whether what McCormick did was safe medically remains, the fact that she was charged under this law give her the right to question its validity.
Since the law is not based on any scientific evidence it needs to be examined and decided if it creates an undue burden on women. Also, the lack of providers in McCormacks area begs the question of laws which restrict crossing state lines to receive abortion services. While McCormack is of age, if she had been a teen anyone assisting her to get a safe legal service would have been charged under these laws. Also, the fact that she has such a low income and no medical coverage which might have helped in this situation is devastating.
Hopefully this lawsuit will allow these questionable laws to be re examined.
Boone, Rebecca, Idaho Abortion Lawsuit: Jennie Lin McCormmack Challenges State Fetal Pain Law. In The Huffington Post August 31, 2011. http://www.huffingtonpost.com/2011/08/31/idaho-abortion-lawsuit_n_944351.html
