Federal judge overturns Idaho's pain-capable abortion law

A federal judge named B. Lynn Winmill has ruled that Idaho's 20-week abortion ban in unconstitutional. 

U.S. District Judge B. Lynn Winmill ruled late Wednesday in favor of Jennie Linn McCormack, who was 33 at the time she decided to challenge the state's so-called fetal pain law and other abortion laws.

Judge Winmill relied, at least partially, on the disproved mythology of abortion laws pre-Roe created by NARAL lawyer Cyril Means which claim laws banning abortion were created solely to protect women.

"Historically, abortion statutes sought to protect pregnant females from third parties providing dangerous abortions," Winmill wrote. "As a result, most states' abortion laws traditionally criminalized the behavior of third parties to protect the health of pregnant women -- they did not punish women for obtaining an abortion. By punishing women, Idaho's abortion statute is therefore unusual."