Woman Sues Idaho, Asks For End To “Fetal Pain” Abortion Law

Idaho currently has what the state calls a “fetal pain” law which makes it illegal for a female to have an abortion after the 20-week mark and now that law is being challenged by Jennie Linn McCormack, an Idaho female who used pills to terminate her own five-to-six month pregnancy last year.

The law was enacted because that’s believed to be the point where a fetus can experience pain and now it’s being challenged by Jennie Linn after she was charged under the law. Under Idaho law any female who takes pills or otherwise causes her own abortion can be met with fines and possibly even face prison time.

McCormack was charged with the “crime” after aborting her pregnancy, however a judge later dismissed the case which could still be retried if prosecutors choose to once again file charges.

McCormack wants class-action status for her suit, which also challenges the lack of abortion providers in her region. McCormack argues that women are only allowed to receive abortions from licensed physician in the state, however a lack of providers in certain areas puts an unfair burden on woman who have no easy access to abortion providers.

The suit argues that the 20-week fetal pain abortion ban is unconstitutional because it also bans abortions for women who’s health may be in danger due to a problem pregnancy and because it bans abortions before a fetus is viable at 22 to 23 weeks.

Do you think the 20-week ban should be abolished or at least offer special circumstances when a patients health is at risk?