Not so fast: Illinois parental notification law still may be stalled
UPDATE: 4:50 p.m. : The Cook County judge has issue the restraining order. The law is suspended once again.
SPRINGFIELD, Ill. - The story out of Chicago today — that the state’s 1995 parental notification law on abortion will start being enforced after 14 years with this morning’s approval by a state regulatory board — may not be the end of the story.
In fact, both sides will be back in court in Chicago in a few hours, arguing over whether to issue a temporary injunction that would continue putting the controversial law on hold.
The law would require doctors to inform the parents of girls 17 or younger before performing an abortion. Implementation of the law has been held up by court battles and administrative issues.
The vote this morning by the state’s Medical Disciplinary Board could clear the way for the rule to take effect today – but it still depends on a ruling this afternoon in Cook County District Court.
The American Civil Liberties Union, which was unable to stop the law earlier based on a U.S. constitutional argument, is arguing in a new suit that it violates the state’s constitution. The group wants the court to halt implementation of the law while that argument plays out in the legal system.
“It is a violation of the provisions of the Illinois constitution that protect medical privacy . . . and (prohibit) gender discrimination,” says ACLU spokesman Ed Yohnka. “When you regulate pregnancy, there is only one gender you are regulating.”
Peter Breen, attorney for the Thomas More Society, which is on the other side of the suit, argues that the state-constitutional argument is “an end-run around the federal case that they lost.” He noted that abortion wasn’t even legal in Illinois at the time the state’s 1970 constitution was ratified.
The hearing on the temporary injunction is scheduled for 3 p.m. today. We’ll update it here.

