Jennie Linn McCormack, the Idaho woman who ordered RU 486 online to terminate a pregnancy and was prosecuted by the state under a 40-year old law that made it illegal for a woman to induce her own abortion, won a temporary court order Friday barring enforcement of the law under which she was had been charged. The original charges had been dismissed by a judge for lack of evidence.

McCormack also sued to block the recently enacted “fetal pain” law banning abortions after 20 weeks unless the woman’s life is in danger.

According to Reuter’s, District Judge B. Lynn Winmill ruled that McCormack lacked legal standing to seek the temporary restraining order the 20-week ban w because she was no longer pregnant and could not demonstrate imminent harm from the statute.  But, writes Laura Zuckerman, “McCormack’s lawyer, Richard Hearn, said he would press to establish his client’s standing at a future hearing on the new law, which was passed by the Republican-led Legislature and signed by Republican Governor Butch Otter in April.”

Because that criminal case could technically be refiled against her, Winmill ruled that McCormack did have standing to seek a court order against further enforcement of the measure.

The judge further ruled that McCormack, a mother of three, was likely to succeed on the merits of her claim that the 40-year-old statute poses an unconstitutional barrier to her rights to seek an abortion, and expanded the injunction against enforcement of the law from Bannock County (McCormack’s home county) to the entire state.