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Tuesday, July 14, 2009

Ind. Decisions - No Indiana decisions from 7th Circuit today, but one issued upholding the Illinois abortion notice act as constitutional on its face [Updated]

In Zbaraz, M.D., et al v. Lisa Madigan, AG of Ill., a 45-page page opinion, a panel of Judges Cudahy, Kanne and Tinder decides, in an opinion written by J. Cudahy:

There is no dispute that minors, like adult women, have a constitutional right to an abortion that may not be blocked by significant obstacles from the State. Nor is there any doubt that the State has an important interest in the welfare of its children that justifies regulation of the abortion of minors that would not be upheld if applied to adult women. This case is merely the latest in a string of facial challenges to one such regulation, the Illinois Parental Notice of Abortion Act of 1995. Because we believe that this iteration of the notice statute, and the Illinois Supreme Court rule adopted to implement it, respect the Supreme Court’s precedent regarding parental involvement laws, we uphold the Illinois notice act as constitutional on its face. * * *

The question presented here is a narrow one: whether the Illinois Parental Notice of Abortion Act of 1995, 750 ILCS 70/1 et seq., is facially invalid because its judicial bypass provisions lack language authorizing a state court judge to issue an order allowing an immature minor to consent to an abortion without notifying her parents, where an abortion without notice would be in her best interests.

[Updated at 3:00 PM] Here is a report on the decision by Andrew M. Harris of Bloomberg News.

Posted by Marcia Oddi on July 14, 2009 01:11 PM
Posted to Ind. (7th Cir.) Decisions