Illinois AG Requests Federal Court Allow Enforcement Abortion Law's Parental Notification Rules

Illinois Attorney General Lisa Madigan (D) on Friday filed a motion requesting that a federal court in Chicago lift an injunction on a 1995 state law requiring parental notification for minors seeking abortions, the Chicago Tribune reports (Higgins/Peres, Chicago Tribune, 1/20). The law, which has never been enforced, requires physicians to notify an adult family member 48 hours before performing an abortion on an unmarried minor or an "incompetent person." Physicians can bypass the requirement if they certify there is a medical emergency, and a minor seeking an abortion could request a judicial bypass or be exempt by declaring in writing that she is a survivor of neglect or abuse from an adult family member. The state Supreme Court in September 2006 issued rules for the law that say a judge hearing a bypass request should attempt to issue a decision at the end of the hearing and rule within 48 hours if a decision could not be made immediately. If a judge denies a waiver, the decision can be appealed; an appellate court would have to rule within two days and the state Supreme Court would have to rule within five days. No oral argument would be permitted during appeals. The rules do not say anything about the circumstances in which a judge should grant a waiver (Kaiser Daily Women's Health Policy Report, 9/21/06).

Madigan's Request, Reaction
Madigan in her motion wrote that she agrees the constitutional defect in the law was fixed by the rules issued by the state Supreme Court. She also wrote that the state's circuit courts need time to prepare before the law takes effect (Chicago Tribune, 1/20). The American Civil Liberties Union of Illinois promised to oppose Madigan's motion in court, the Chicago Sun-Times reports. The statute "makes it very difficult for young women to access reproductive health services," Lorie Chaiten, director of the ACLU of Illinois Reproductive Rights Project, said, adding, "This is the kind of law that every major medical organization, including the American Academy of Pediatrics, opposes" (Fornek, Chicago Sun-Times, 1/20). Madigan's chief of staff, Ann Spillane, declined to comment Friday on whether Madigan agreed with the law as a matter of public policy. "The attorney general's personal views are not relevant at this juncture given her legal obligation to defend the laws of the state," Spillane said. Madigan requested the federal court to appoint Chicago attorney Zaldwaynaka Scott, a former executive state inspector general, as a special master to assist the state courts and to report on the courts' progress to the federal judge assigned to the case (Chicago Tribune, 1/20).

Bill Would Replace, Repeal Parental Notification Law
Pam Sutherland, president of the Illinois Planned Parenthood Council, said the organization will focus on a bill (HB 5840) -- introduced by state Rep. John Fritchey (D) -- that would repeal and replace the parental notification law, the St. Louis Post-Dispatch reports (Jadhav, St. Louis Post-Dispatch, 1/20). The bill -- which has bipartisan support -- would expand the law to allow a girl seeking an abortion to notify an uncle, an aunt or an adult sibling. In addition, the bill would allow girls to avoid notifying their parents if they receive counseling -- including information about prenatal care, the implications of carrying a pregnancy to term and adoption -- from a clergy member, medical professional or an adult family member (Kaiser Daily Women's Health Policy Report, 10/5/06).

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