Jennie McCormack v. Stephen Herzog
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
PREGERSON, Circuit Judge:
In this 42 U.S.C. § 1983 action, Stephen Herzog, the Prosecuting Attorney of Bannock County, Idaho, appeals the district court’s order denying his motion for partial summary judgment and granting the joint motion for partial summary judgment in favor of appellees Jennie McCormack (“McCormack”) and Dr. Richard Hearn (“Dr. Hearn”).
Before the district court, Jennie McCor-mack claimed that Idaho Code Title 18, Chapters 5 — the Pain-Capable Unborn Child Protection Act (“PUCPA”) — and 6, which regulate the performance of abortions, violate various provisions of the…
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