AP News, January 19th, 2007
The Illinois attorney general asked a federal court Friday to allow the state to enforce a dormant law requiring parents to be notified before a minor can obtain an abortion.
A federal court found that the 1995 law could not take effect until the state Supreme Court issued rules spelling out how judges should handle appeals of the notification requirement.
The state high court had refused to issue the rules, saying it was inappropriate for it to take part in an administrative matter. But in September, the court unexpectedly issued the rules.
Since then, abortion opponents have called on state Attorney General Lisa Madigan to go back to federal court and ask that the law be enforced. Madigan, a supporter of abortion rights, filed the request in U.S. District in Chicago.
Supporters of notification laws say teenagers from surrounding states are skirting their own states' laws by coming to Illinois to get abortions.
"It certainly took a while, but overdue though it may be, it's a welcome step," said Thomas Brejcha, president of the Thomas More Society, a Chicago-based legal advocacy group.
The state chapter of the American Civil Liberties Union said it will argue against Madigan, and Planned Parenthood said it would concentrate its efforts on changing the law.
The law allows minors seeking abortions to avoid the notification requirement by going to court and asking for a waiver. The new rules say the judge should try to issue a decision at the end of the hearing, but if that's not possible then the judge should rule within 48 hours.
If the waiver is rejected, the decision can be appealed to an appellate court and ultimately the Illinois Supreme Court.
