…scientific evidence does not support the notion that abortion of any kind raises the risk of breast cancer or any other type of cancer.
McCormack came to him early last year, saying that she was a single mother living on between $200 and $250 a month and faced felony charges.
Authorities say on the day before Christmas in 2010, McCormack took abortion drugs to terminate a pregnancy that was more than five months along. An acquaintance heard that she’d done it and called police, who looked into the claim said they found a fetus in a box on her porch.
The county prosecutor charged McCormack under an Idaho law that makes it illegal for anyone other than a health care professional to be involved with terminating a pregnancy. Hearn defended McCormack and the case was dismissed. But it wasn’t a total victory, a judge tossed the charges “without prejudice,” meaning she could be prosecuted again at any time.
Meanwhile, Idaho lawmakers passed the fetal pain law.
Such regulations ban abortions after 19 weeks of pregnancy, under the premise that a fetus may feel pain at 20 weeks.
The scientific research that bolsters the measures has been the subject of heavy debate, but such bans have been gaining momentum among conservative legislators. A plan passed last year in Idaho with overwhelming support.
Hearn didn’t want McCormack living with the constant threat of prosecution and decided to turn the tables. Rather than wait for the law to come after his client, he and McCormack decided to go after the law.
They sued in federal court last September, fighting for McCormack’s right to take medication to induce an abortion and for doctors’ rights to prescribe such drugs. They also took aim at the fetal pain abortion ban, which they felt also violated women’s constitutional rights to privacy.
But U.S. Judge B. Lynn Winmill ruled the lawsuit wouldn’t get class-action status and that McCormack didn’t have the right to challenge some aspects of the law because she wasn’t currently pregnant and seeking an abortion.
So Hearn went one step further, filing a motion to intervene as a plaintiff himself, in his role as a physician who may want to prescribe abortion-inducing drugs in the future.
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*Or any man who does not support women’s access to reproductive health care and contraception.
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