U.S. Appeals Court Rules To Enforce Illinois Parental Notification Law

Main Category: Abortion
Also Included In: Pediatrics / Children's Health;  Litigation / Medical Malpractice;  Women's Health / Gynecology
Article Date: 16 Jul 2009 - 5:00 PDT

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A three-judge panel of the U.S. Court of Appeals for the 7th Circuit on Tuesday lifted, an injunction blocking the enforcement of an Illinois law that requires parental notification 48 hours before minors can undergo abortion procedures, the AP/South Town Star reports. The Illinois Legislature originally passed the law in 1984 and revised it in 1995. In 2007, U.S. District Judge David Coar issued an injunction blocking enforcement of the law. On Tuesday, the appeals court said that the measure was "a permissible attempt to help a young woman make an informed choice about whether to have an abortion."

The American Civil Liberties Union, which challenged the law, argued that a provision that allows a notification of a judge, rather than a parent, would be unworkable in practice. In an opinion by Judge Richard Cudahy, the appeals court panel said, "We acknowledge that there might be practical problems with the procedure at issue here" and that "it may be intimidating for a minor to navigate the process of presenting her case to a judge, for instance." It continued, "But we fail to see a better alternative. Abortion, no matter how it is confronted, may present intimidating choices to the minor woman who faces it."

The law will take effect within a few weeks unless opponents ask for a stay. Ed Yohnka, an ACLU spokesperson, said that it is unclear what the next step would be but that the appeals court could be asked to rehear the case (Robinson, AP/South Town Star, 7/15).

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