JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Tuesday, March 30, 2010

Illinois judge upholds abortion parental notification law
Ann Riley at 10:31 AM ET

[JURIST] An Illinois Cook County Circuit Court [official website] judge ruled [opinion, PDF] Monday that the Parental Notice of Abortion Act of 1995 [text] is constitutional. While lifting the temporary restraining order on the law's enforcement, Judge Daniel Riley approved a 60-day grace period, preventing state officials from enforcing the law pending appeal procedures. The American Civil Liberties Union of Illinois (ACLU-IL) [advocacy website] brought suit last year arguing that the law violates privacy, due process, equal protection, and gender equality guaranteed by the Illinois Constitution [text]. Responding to the judgment [press release], ACLU-IL Executive Director Colleen Connell said:


In the wake of today's ruling, we are reviewing our legal options, including an appeal of the Judge's decision. We note that the Judge was careful and blunt in describing the Illinois law as "unfortunate," and in noting that enforcement of the Act will result in horrible outcomes for some young women, including "physical and emotional abuse." However, the Judge ruled in favor of the State because he did not believe that the law would be harmful in every incident where a pregnant minor was compelled to notify a parent of her decision to terminate a pregnancy. We will move swiftly to take all necessary action so that the real threat of abuse so clearly identified by the Judge can be avoided.

Anti-abortion advocate the Thomas More Society [advocacy website] commended the decision [press release], stating that they looked forward "toward ending underage secret abortions."

Riley granted the temporary restraining order [JURIST report] in November, only hours after the Illinois Medical Disciplinary Board ruled to begin enforcing the law. The order was originally sought by the ACLU-IL in support of a suit brought by a local medical doctor and a women's clinic on behalf of themselves and their minor patients. ACLU-IL alleged that enforcement of the law would cause major harm [video] and compromise the privacy of some Illinois teen-aged women. The Illinois Department of Finance and Professional Regulation (DFPR) [official website] granted doctors a 90-day grace period [JURIST report] for enforcement of the parental notification requirement, following a ruling [JURIST report] by the US Court of Appeals for the Seventh Circuit [official website] that reversed a district court injunction [JURIST report] barring the law's enforcement. The 1995 law, which has never been enforced, authorizes state judges to waive the notice requirement if doing so would be in a minor's best interest, but otherwise requires parental notification for minors seeking an abortion.





Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Federal appeals court upholds EPA regulations
3:13 PM ET, April 16

 Federal appeals court dismisses challenge to Senate filibuster rule
2:06 PM ET, April 16

 UN report finds rights violations in Ukraine
11:21 AM ET, April 16

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Unprecedented Notice of Warrantless Wiretapping in a Closed Case
DOMESTIC
Ramzi Kassem
CUNY School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org