Judge Blocks Prosecutor From Refiling “Illegal Abortion” Charges


Jennie Linn McCormack has filed suit on two different anti-abortion laws in the state of Idaho, and as a result, has opened herself back up to the possibility of being recharged with the crime of committing an illegal abortion.  However, a temporary order will block the prosecution from refiling charges against her — at least for a while.

According to the Houston Chronicle, because the original charge of illegal abortion was dropped without prejudice due to lack of evidence, the prosecution has the right to refile against her now that she has admitted her guilt by filing a lawsuit challenging the law.

The temporary restraining order will be in effect for fourteen days as McCormack’s case progresses through the legal system.

McCormack was originally charged with procuring an illegal abortion, for ingesting drugs purchased over the internet to induce an abortion.  She was turned in by the sister of a friend she had confided in after she miscarried and hid the fetus in a box.


Related Stories:

Idaho Law on Self Induced Abortion Blocked, Fetal Pain Ban Not

Breaking: Idaho Woman Challenging “Fetal Pain” Ban

Case Dismissed Against Women Accused of “Unlawful Abortion”

Photo credit: wikimedia commons


kaisuorvokki m.
kaisuorvokki m6 years ago

I agree that they should leave her alone.

Mike Barnes
Michael Barnes6 years ago

Until the Right brought us idiocy like mandatory minimum sentencing, 3 strikes and your out, privatized prisons and the like, this case would be non-existent because it would have been considered double-jeopardy. It's moronic, anyway. Attacking Planned Parenthood, birth control and abortion rights will merely lead to more of this. This is what girls did when I was growing up because they didn't want a coat hangar and they couldn't get to New York where abortion was legal.
It's just about power and control and intimidation and fear. Too bad for them I don't scare.

Drusilla P.
Drusilla P6 years ago

I hope they completely leave her alone.
Thanks for the update.

Carol Fyfe-Wilson

Well stated Sharlene!!

Pressure to put energy and money into education and free birth control should be strongly placed on both Anti-Abortion and Pro-Choice groups. Get proactive!! Both these groups seem to be reactionary.
Education needs to be given both the male and female population as it takes two to make an unwanted baby.

Sharlene H.
Sharlene H6 years ago

Ladies if you are having a baby you can't afford, send the bills to the signers of the new laws. Find out the names and addresses of the protesters, send them your bills. For protesters of abortion clinics, get names and addresses and send and call them, give to the Anti-Choice people the same that they give you.

Stand up for your rights and vote. Do not stick you head in the sand, that is what the people of Germany did in WWII, until it was too late.

Deborah Vitek
Deborah Vitek6 years ago

Amanda M. has said it perfectly, thank you to her. I just want to add, that no man has a right to say anything about reproductive rights, at least until he can push a baby our of his penis and have to care for it for the rest of his life. There are too many people in the world and frankly, abortion and birth control should be encouraged. If a woman does not absolutely desire a child, she should not have to have it. It takes two to tango, so perhaps men should just be sterilized and most certainly there should be NO insurance coverage of viagra and other similar drugs.

Tamara D.
Tamara Dreier6 years ago

@Steve R-

Now let's substitute "right-wing nut job conservatives" for "bleeding heart liberals" in that same statement:

"But that's right-wing nut job conservatives for you - if they believe in something, they want it forced on all of us through legislation, against our will if necessary, taking away our freedom of choice if necessary, no matter what."

Steve R.
Steve R6 years ago

Now if Jennie had left well enough alone, she wouldn't be in this predicament.

But that's bleeding heart liberals for you - if they believe in something, they want it forced on all of us through legislation, against our will if necessary, taking away our freedom of choice if necessary, no matter what.

Thanks, but no thanks!

Marianne C.
Marianne C6 years ago

That prosecutor needs to be blocked, because he is a blockHEAD.

Maybe someone needs to explain to him that his job title is "prosecutor," not "persecutor."

Amanda M.
Amanda M6 years ago

Until the anti-choicers allow complete access to contraception, which helps PREVENT unwanted pregnancies and therefore prevent abortions and adopt or foster ALREADY-BORN kids in the system (there are literally thousands of kids in both systems waiting for good homes), they cannot be truly called "pro-life."

As long as they obsess on preventing women from being able to access not just abortions, but also contraception by spreading lies through "abstinence-only" sex ed (an oxymoron if ever there was one), attempt to block funding to Planned Parenthood, get BS laws passed that serve only to shut down women's health clinics, harass women outside these clinics and stalk clinic workers' homes and even their children's schools, these people should be called what they truly are: ANTI-CHOICE. They don't want women to have ANY say over their bodies or lives, and that is nothing but pure EVIL.

Good call, Judge. Ms. McCormack exercised her rights over her body, and the only reason she was driven to the extremes she was was because of the ridiculous anti-choice hoops your state makes women in her situation jump through! This is cruel and unusual, and SHOULD NOT BE ALLOWED!