The 9th Circuit Court of Appeals on Friday announced that laws in Idaho restricting women's access to abortion were unconstitutional and placed an "undue burden" on women seeking to terminate their pregnancies.
The ruling out of San Francisco stated specifically that Idaho did not have the right to determine when women could terminate their pregnancies based on which trimester they were in.
According to the state laws, first trimester pregnancies in Idaho had to be aborted in a "properly staffed" medical facility, and required the doctor to "make satisfactory arrangements with an acute care hospital in care of complications or emergencies." Second trimester pregnancies had to be aborted in a hospital. After 20 weeks, all abortions were illegal.
The court ruled that all three laws were unconstitutional, noting that the section on first trimester abortions was "unconstitutionally vague."
A case involving an Idaho woman who medically induced her abortion in 2010 spurred the appeal that was decided by the 9th Circuit.
In 2010, Jennie Linn McCormack allegedly terminated her pregnancy in Pocatello, Idaho, using abortion pills she ordered online at the suggestion of a doctor who practiced out of state.
After police found the 5-month-old fetus in a box in McCormack's backyard, she was arrested and charged with a felony. Two years later, a judge dropped the charge due to a lack of evidence, but in July 2014, her new attorney (who is also a physician) filed a complaint urging the court to reconsider the constitutionality of Idaho's abortion laws.
In the ruling issued Friday, Judge Harry Pregerson wrote:
Although the state may ensure that the woman's choice is informed, and protect the health and safety of a woman seeking an abortion, the state may not prohibit a woman from making the "ultimate decision" to undergo an abortion.
The judge added that Idaho's abortion laws placed an "undue burden" on women seeking to terminate their pregnancies.
In a statement to BuzzFeed News, Planned Parenthood Federation of America President Cecile Richards called the ruling "a warning to other states across the country passing bans on abortion that are unconstitutional and dangerous for women."
She added that while later-term abortions (like the one McCormack had) are less common, "it is important that a woman and her doctor have every medical option available to protect a woman's health."
Read the full 9th Circuit Court of Appeals opinion below.
