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Wednesday, September 12, 2012

JESUS FUCKING CHRIST

Posted by on Wed, Sep 12, 2012 at 4:28 PM

We got a press release today with a subject line that I suppose, in this day and age, we should be happy about:

U.S. Court of Appeals protects women from prosecution after abortion

...but I hadn't heard about the insane case it involves, and it makes a person feel goddamned crazy.

...In the fall of 2010, Ms. McCormack became pregnant. Unemployed and already a mother of three, she sought an abortion, but there were no providers in southeast Idaho; the closest provider was in Utah. Because Ms. McCormack 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.

Ms. McCormack was subsequently charged under an Idaho statute that makes it a felony for a pregnant woman – not a third party, such as a health care provider—to terminate her own pregnancy in a manner inconsistent with the state’s abortion statutes...

The women’s legal advocacy group that sent the release is "thrilled" that the court has come down on the right side of this nuttiness. I get it. But I'd be much, much more thrilled if this shit wasn't happening in the first place.

Full press release after the jump.

SEATTLE, WASHINGTON - Today the U.S. Court of Appeals for the Ninth Circuit issued a strong ruling protecting pregnant women and their choices in the case McCormack v. Hiedeman. In the first decision of its kind, the Court affirmed the trial court’s preliminary injunction preventing the state from using Idaho’s criminal abortion statutes to prosecute a woman for seeking abortion care, finding her constitutional challenge was likely to succeed on the merits.

The decision was hailed by Legal Voice and National Advocates for Pregnant Women, who along with the Center for Reproductive Rights filed a friend-of-the-court brief supporting Jennie McCormack. Kathleen O’Sullivan, Breena Roos, and Ashley Locke of the law firm Perkins Coie filed the amicus brief on behalf of the organizations.
In the fall of 2010, Ms. McCormack became pregnant. Unemployed and already a mother of three, she sought an abortion, but there were no providers in southeast Idaho; the closest provider was in Utah. Because Ms. McCormack 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.
Ms. McCormack was subsequently charged under an Idaho statute that makes it a felony for a pregnant woman – not a third party, such as a health care provider – to terminate her own pregnancy in a manner inconsistent with the state’s abortion statutes.
The Ninth Circuit held that the Idaho abortion statute “constitutes a substantial obstacle in the path of women seeking an abortion.” The court took pains to acknowledge the barriers that women - especially low-income women - face in obtaining abortion services, including lack of providers, financial obstacles, and harassment at clinics. Notably, the decision also acknowledges the practical realities of Ms. McCormack’s life.

“We are thrilled by the Ninth Circuit’s unequivocal statement that statutes that make it a crime for women to seek abortion care pose an undue burden on their ability to terminate their pregnancies,” said Janet Chung, attorney for Legal Voice, a women’s legal advocacy group that filed a friend-of-the-court brief supporting Ms. McCormack.

"This is an important decision that explicitly rejects Idaho's claim that the state may use its criminal abortion laws to punish pregnant women who end their pregnancies," said Lynn Paltrow, Executive Director of National Advocates for Pregnant Women. She added, "Leading ‘pro-life’ organizations have repeated claimed that their efforts will not result in women going to jail, yet none opposed the arrest of Ms. McCormack."

 

Comments (28) RSS

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1
Link to text of decision would be nice.
Posted by butterw on September 12, 2012 at 4:40 PM
venomlash 2
@1: BY YOUR WILL, IT SHALL BE DONE!
http://www.ca9.uscourts.gov/datastore/op…
Posted by venomlash on September 12, 2012 at 4:48 PM
3
Now let's just hope that if it is appealed to the US Supreme Court they decide not to hear it and let this decision stand.
Posted by jwlsesq on September 12, 2012 at 4:49 PM
4
Other things that shouldn't happen in the first place: unemployed mothers of three getting pregnant.

I'm not saying this isn't a terrible story, but are we ever, as as society, going to address that (much more widespread) problem?
Posted by Chali2Na on September 12, 2012 at 5:01 PM
5
If birth control was more available, and if medical decisions were left up to medical professionals instead of politicians and religious fanatics, she would have been able to get the care she needed in the first place.
JESUS FUCKING CHRIST INDEED.
Posted by SeattleKim on September 12, 2012 at 5:04 PM
6
wow

women should be able to kill their children any fucking time they want.

what is wrong with this country?
Posted by ARRHHG! I NEED TO KILL SOMETHING SMALL AND HELPLESS!... on September 12, 2012 at 5:18 PM
7
Jesus Fucking Christ, @4, birth control failure happens!
Posted by elm+1character on September 12, 2012 at 5:19 PM
Dougsf 8
Out of curiosity, how did she come to be charged?
Posted by Dougsf on September 12, 2012 at 5:31 PM
stirwise 9
@7: exactly. So does rape. Obviously we need to improve access to birth control, but not getting pregnant isn't always as simple as having access to contraception.
Posted by stirwise on September 12, 2012 at 5:44 PM
Supreme Ruler Of The Universe 10
#1

Link to provider of said pills would be even more so.
Posted by Supreme Ruler Of The Universe http://www.you-read-it-here-first.com on September 12, 2012 at 5:45 PM
emma's bee 11
Un-fucking-believable. I knew SE Idaho was a hellhole when I was told in Pocatello that the nearest bookstore was 3 hrs away in SLC, but this is the diarrhea icing on the shit cake.
Posted by emma's bee on September 12, 2012 at 5:47 PM
Dougsf 12
@4 - Neither should traffic accidents, or disease, or khaki capri pants. All sorts of things that "shouldn't happen" do happen. Not to proselytize, but poor decision making doesn't strip someone of their rights.
Posted by Dougsf on September 12, 2012 at 5:47 PM
biffp 13
NPR reported on it. It was a pretty sad set of facts. I believe she waited until the second trimester b/c she was poor. That makes it a difficult case pro-choice side. On the other hand, a felony for a mother of two and she was betrayed a friend she confessed this to. Not a good case for the anti-choice side either.

Bad facts make bad law. The Idaho law seems to conflict with the FDA control, but Roberts reads the Commerce Clause very narrowly.
Posted by biffp on September 12, 2012 at 5:48 PM
14
12

and killing your baby is a RIGHT.
Posted by Has Fluck had her abortion today yet? on September 12, 2012 at 5:58 PM
15
Idaho is a crazy state, from what I've heard, starting with the governor.

I'm telling you, it's only a matter of time before we return to the wire-hanger days.
Posted by floater on September 12, 2012 at 6:04 PM
Dougsf 16
@13 - Thank you for the details, and that is a sad set of circumstances from any angle.
Posted by Dougsf on September 12, 2012 at 6:12 PM
Free Lunch 17
All that legislation that Idaho and other GOP states did to restrict abortion access completely backfired.

1) The fact that there was no available clinic in her area helped to justify overturning this law that makes women criminals for having non-physician-administered abortions.

2) Putting a bigger and bigger burden on clinics that perform abortions - by making them have certain sized procedure rooms, doctors with admitting access to hospitals, etc., also helped overturn this law. They ruled that a woman shouldn't be expected to navigate this quagmire of laws and choose the right clinic just to make sure she won't be be jailed for choosing a non-compliant physician.

Thanks to all this GOP overreaching, now women can order abortions through the mail!

Thanks, Idaho! You made it so convenient, I wish I could get pregnant.
Posted by Free Lunch on September 12, 2012 at 6:45 PM
18
Poor unemployed uneducated unmarried mothers of three are going to find themselves pregnant.

Its a fact.

And when they do, somebody's going to have to die...
Posted by WHO PUT THIS FUCKING BABY IN MY BELLY? on September 12, 2012 at 6:57 PM
19
17

we're sorry you can't get pregnant.

maybe if you strangle a kitten it will be almost as good as an abortion?
Posted by or a puppy? maybe your neighbor's baby? on September 12, 2012 at 6:59 PM
20
@13 - ironically enough if she had had an abortion provider available locally, she would have been found to be at 20 weeks and denied an abortion because an abortion after that point is illegal in Idaho.
Posted by nor on September 12, 2012 at 7:23 PM
Free Lunch 21
@19 - I'd never strangle a live, born kitten, but I once found out during the spaying process that a cat I adopted cat was pregnant.

Guess what happened.
Posted by Free Lunch on September 12, 2012 at 8:13 PM
onion 22
also written up here, a while back
http://www.thedailybeast.com/newsweek/20…

some bastard sister of a friend called the police on her.
and then on the other hand...that she waited until the fetus was nearly 5 months old is not a good thing (i don't believe the line that she thought it was only 12 weeks old). then on the other hand, there were a lot of obstacles in her way that probably made her wait that long. not fair to blame her.
and sounds like her heart was in the right place. she was thinking of her 3 living, viable kids.
Posted by onion on September 12, 2012 at 10:57 PM
23
@3, you really think that this Supreme Court would decide NOT to hear this case?

The strategy of the Christian rightwingers to not directly challenge Roe v. Wade has been evident for some time now: just chip away at the states. Soon there won't be anywhere for women to go.
Posted by sarah70 on September 13, 2012 at 12:16 AM
24
21

soup?
Posted by no wait- kitten sushi. that's our guess- raw kitten sushi on September 13, 2012 at 5:01 AM
Rob in Baltimore 25
Right wingers are all about saving fetuses, but once the child is born into a bad situation, they couldn't care less what happens. They scream, "welfare queen!" at the mother as they try to deny food stamps, and healthcare from them.
Posted by Rob in Baltimore http://www.wishbookweb.com/ on September 13, 2012 at 7:03 AM
26
6, 14, 18, 19:

Guess what, motherfucker? You can whine and rant all day and all night about "baby killing" and the "rights of the unborn," and you can pass all the fucking laws you want, but in the end, you will lose. Because these laws are UNENFORCEABLE, just like laws against marijuana and handguns are UNENFORCEABLE, and because until that baby is BORN, what women do about it is NONE OF YOUR FUCKING BUSINESS, and you can't stop them.

In other words, you and your psycho-Christer fetus fascist buddies are POWERLESS to curtail women's reproductive choices, and I love to rub your faces in it.
Posted by Suck on it, Christers on September 13, 2012 at 7:40 AM
27
26

You must have misunderstood our posts, good brother.

we think the current situation is fine.

Bloodthirsty Leftist Females should be able to slaughter their children at will with impunity and all financial aid needed (Drano ain't cheap, after all...)

Why in the world would we want to see some innocent baby born to one of these soul-less harpies?

"born into a bad situation", indeed.....
Posted by Has Fluck had her abortion yet today? on September 13, 2012 at 8:08 AM
28
27

It is early.

If Fluck gets her ass down to the free clinic she may have time for two free abortions today......
Posted by please dear god don't let her reproduce on September 13, 2012 at 8:40 AM

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