Legal Opinion
Almerico v. Denney
District Court, D. Idaho
Decided March 28, 2019No. Case No. 1:18-cv-00239-BLWPublishedCited by 2 opinions
1Opinion of the Court
B. Lynn Winmill, U.S. District Court Judge
INTRODUCTION
Idaho Code § 39-4510 provides that all healthcare directives executed by women in Idaho must contain the following provision: "[i]f I have been diagnosed as pregnant, this Directive shall have no force during the course of my pregnancy." The Court must resolve two interrelated questions in deciding Defendants' Motion to Dismiss. Dkt. 17. First, does the test for facial constitutional challenges outlined by the Supreme Court's decision in *922United States v. Salerno , 481 U.S. 739, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987) apply to the case at…
2Cases cited15 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- United States v. SalernoSupreme Court of the United States · 1987
- Washington v. GlucksbergSupreme Court of the United States · 1997
- Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
- Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
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3Cited by2 opinions
- M.H. v. JeppesenDistrict Court, D. Idaho · 2023
- State of West Virginia, Katie Switzer, and Jennifer Compton v. Travis Beaver, Wendy Peters, David L. Roach, State Superintendent of Schools, and L. Paul Hardesty, President of the West Virginia Board of EducationWest Virginia Supreme Court · 2022