Illinois action blog

Friday, March 14, 2008

AG Appeals Judge's Ruling on Parental Notification

Attorney General Lisa Madigan decided to take action yesterday and appeal U.S. District Court Judge David Coar's February ruling on the 1995 Illinois Parental Notice of Abortion Act. You may recall that he ruled that the law is unconstitutional and therefore cannot be enforced. Read about it here.

This is disappointing news for the women of Illinois. While most young women do involve their parents in the decision of whether to terminate a pregnancy, some - those in abusive or neglectful situations - face dangerous repercussions or could be denied critical health care if the 1995 parental notification law goes into effect.

How did we get to this point? Take a look back at the events leading up to yesterday in the timeline below, and stay tuned for upcoming information around this issue.


1977: The General Assembly passes the Illinois Abortion Parental Consent Act of 1977. It is found unconstitutional by the courts and is never enforced.

1983: The General Assembly passes the Illinois Parental Notification of Abortion Act of 1983. It too is found unconstitutional by the courts and is never enforced.

1995: The Parental Notification Act of 1995 becomes law. A federal court orders the 1995 Act to be immediately enjoined from enforcement because there are no rules for the judicial bypass procedure. (The Parental Notification Act of 1995 repealed the Parental Notification Act of 1983 and the Parental Consent of Abortion Act of 1977.)

Summer 2006: Staunchly anti-choice State’s Attorney and Republican candidate for Lt. Governor, Joe Birkett works behind the scenes to influence the Illinois Supreme Court to create rules for the judicial bypass provision of the 1995 Act.

Sept. 2006: The Illinois Supreme Court promulgates rules for the 1995 Act.

Dec. 2006: Joe Birkett announces that he is prepared to go to court within weeks to try to revive the 1995 Act.

Jan. 2007: Attorney General Lisa Madigan petitions the federal court to lift the injunction on the 1995 law.

Feb. 2007: The federal court refuses to lift the injunction. The Illinois Supreme Court sends a letter to the Attorney General indicating that the court system in Illinois is ready to implement the 1995 law.

March 2007: Attorney General Madigan returns to federal court and again petitions to lift the injunction.

Feb. 2008: U.S. District Judge David Coar rules that the 1995 Parental Notification law is unconstitutional and refuses to lift the injunction.

March 2008: Attorney General Lisa Madigan's office appeals Judge Coar's ruling.

Technorati tags: Planned Parenthood, parental notification, 1995 Illinois Parental Notice of Abortion Act


Anonymous Anonymous said...

Hmm, you know what's weirdly funny about this? I went to Loyola University Chicago and I used to call alums for donations. A few years ago, LUC decided to award LM for being Attorney General, making her one of our most awesome alum. Of course, many religious alum got mad because she doesn't exemplify Catholic ideals, being as she is(was?) pro-choice. As far as I know, she still got the award, but my, how the awesome have fallen.

March 14, 2008 at 6:18 PM  

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