Federal Judge Denies Illinois AG Request To Allow Enforcement Of Abortion Law's Parental Notification Rules

U.S. District Court Judge David Coar on Tuesday denied Illinois Attorney General Lisa Madigan's (D) request to lift an injunction on a 1995 state law requiring parental notification for minors seeking abortions, the AP/St. Louis Post-Dispatch reports (Robinson, AP/St. Louis Post-Dispatch, 2/6). 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 could 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, but the rules do not say anything about the circumstances in which a judge should grant a waiver. Madigan last month issued the request to lift the injunction, saying she agrees the constitutional defect in the law was fixed by the rules issued by the state Supreme Court (Kaiser Daily Women's Health Policy Report, 1/23). Coar in his opinion did not rule on the constitutionality of the law but wrote that the state is not ready to enforce the law because procedures and rules have not been put in place in all 102 counties. He said Madigan's office could attempt to lift the injunction after all the counties have enacted enforcement procedures. Madigan's office was unavailable for comment (AP/St. Louis Post-Dispatch, 2/6). Lorie Chaiten, director of the American Civil Liberties Union of Illinois' Reproductive Rights Project, said, "We applaud the judge for looking carefully at this and we are hopeful we will never see parental notice in Illinois," adding, "We think the ruling is one that benefits the young women of Illinois" (Pallasch, Chicago Sun-Times, 2/7).

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