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Hearn advanced a lawsuit fighting for McCormack's right to take medication to induce an abortion and for doctors' rights to prescribe such medication. The challenge also fights the fetal pain abortion ban because prosecutors say McCormack terminated her pregnancy after Idaho's limit of 19 weeks. McCormack sued in September, becoming the first woman in the nation to challenge the constitutionality of a fetal pain abortion ban. The federal lawsuit says Idaho's anti-abortion legislation is an unconstitutional violation of privacy rights, reviving opinions similar to the arguments in Roe v. Wade. But a judge refused to make the lawsuit a class action case, a significant setback for Hearn and McCormack. Even if they won, doctors who provide abortions after 19 weeks or prescribe drugs to terminate a pregnancy could still be criminally prosecuted in Idaho, according to the ruling. Hearn said it effectively ensured that women would still be unable to get abortions after 19 weeks without leaving the state or illegally obtaining prescription drugs online. Hearn said in order for McCormack to have standing to fight all aspects of the law "she would have to be pregnant, want to get an abortion, and for some reason have to wait until after the 19 weeks." He added, "Viability would begin three or four weeks after that, so it would be virtually impossible for a woman to challenge that statute." So to bring the case in a way that would overturn the law and remove the threat of a five-year prison term looming over McCormack, they needed a doctor to intervene. Convenient, then, that McCormack's lawyer was also an M.D. -- albeit one who specialized in arthritis and kidney disease. Hearn's intervention attempt is unheard of among legal experts contacted by The Associated Press. Deputy Idaho Attorney General Clay Smith dismissed Hearn's move as merely an attempt to introduce issues that McCormack has no standing to present. Hearn did not dispute that. "I'm not trying to trick anybody or anything," he said. Bill Horton, a legal ethics expert, says the case is unusual but doesn't seem to present a conflict of interest. "This is like nothing that I've ever read about or encountered. But these abortion rights lawsuits tend to bring out unusual strategies sometimes."
[Associated
Press;
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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