Illinois Supreme Court Issues Rules For Court-Blocked Parental Notification Of Abortion Law

The Illinois Supreme Court on Wednesday issued rules for a state law -- passed in 1995 but never enforced -- that requires parental notification for minors seeking abortions, the Chicago Tribune reports (Higgins, Chicago Tribune, 9/21). According to the AP/Belleville News Democrat, the law 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 (AP/Belleville News Democrat, 9/19). The state Legislature after passing the measure asked the state Supreme Court to establish rules for girls applying to waive the notification requirement, and the court refused to do so, saying such rules were unnecessary (McDermott, St. Louis Post-Dispatch, 9/20). A federal judge in 1996 subsequently ruled that the law could not be enforced without the state Supreme Court's regulations (Johnson, AP/Springfield State Journal-Register, 9/20). DuPage County, Ill., State's Attorney Joe Birkett, the Republican nominee for lieutenant governor in the November election, in June wrote a letter to the state Supreme Court asking it to write the rules. According to court spokesperson Joseph Tybor, the seven justices on the court on Monday unanimously agreed to write the rules issued (Pallasch, Chicago Sun-Times, 9/20). State Attorney General Lisa Madigan (D) would have to ask a federal judge to lift the injunction on the law for it to take effect (Chicago Tribune, 9/21).

Rules
The rules -- which a state Supreme Court spokesperson said were adopted unanimously -- say that 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, the AP/Bloomington Pantagraph reports. 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. According to the AP/Pantagraph, the rules do not say anything about circumstances in which a judge should or should not grant a waiver (Wills, AP/Bloomington Pantagraph, 9/20). Madigan spokesperson Cara Smith said, "We are reviewing the rules and the (1995) law to determine the next step in the litigation."

Reaction
Some Democratic lawmakers said the announcement on Monday that the court would write the rules was politically motivated, according to the Tribune. State Rep. Sara Feigenholtz (D) said that there was "no reason" for the state Supreme Court to make the announcement shortly before a statewide election, adding, "There will be a concerted effort to stop" the law from being enforced. Tybor said, "It's not a political issue; it's a legal issue on which this court disagreed with an earlier court" (Chase/Mendell, Chicago Tribune, 9/19). He added that the court had intended to consider the issue before receiving Birkett's letter (AP/Springfield State Journal-Register, 9/20). Birkett on Wednesday said that the state Supreme Court "has made [the law] clear" and that he is "confident" that Madigan will challenge the injunction in federal court (Chicago Tribune, 9/21). Gov. Rod Blagojevich (D), who supports abortion rights, said the issuance of the rules needs to be examined. "We have every expectation that the attorney general will make sure the rules are written in a way that protects the safety of young victims of rape and incest," Blagojevich spokesperson Abby Ottenhoff said in a statement. A spokesperson for Republican gubernatorial candidate Judy Baar Topinka in a statement said that Baar Topinka supports abortion rights but "believes it is common sense for parents to be involved in their child's decision to have an abortion" (Chicago Tribune, 9/19).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.