Exciting New Article on Parental Notice by TMS Attorney Paul Linton
Posted by Thomas More Society (June 18, 2010 at 3:06 pm)
Paul Benjamin Linton, special counsel to the Thomas More Society, has just had an article published in the Loyola University Chicago Law Journal enitled Long Road to Justice: The IL Supreme Court, the IL Attorney General, and the Parental Notice of Abortion Act of 1995. In it, he explores the Illinois General Assembly’s 35 year struggle to enact an enforceable statute requiring the consent of or notice to the parents of a pregnant minor before she undergoes an abortion.
These efforts to secure an enforceable, effective parental notice law in Illinois have been repeatedly thwarted, despite polls that consistently show dominant majorities of citizens favoring parental notice (including even many abortion supporters) and the existence of parental involvement laws in all Midwestern states surrounding Illinois. In many cases, the statutes themselves were struck down as violative of the governing federal constitutional standards. In another instance, the Illinois Supreme Court failed—or refused—to adopt procedural rules for confidential, expedited “bypass” hearings and appeals, measures deemed necessary for parental involvement laws to satisfy federal constitutional requirements.
Linton explains through the most comprehensive history to date of the 1995 Parental Notice of Abortion Act how both the Illinois Supreme Court and the Illinois Attorneys General—past and present—have failed the people of the state by not taking the steps needed to implement and enforce an otherwise constitutional law, and one with overwhelming public support.
Most recently (see our post on columnist Dennis Byrne’s OpEd), while Illinois Attorney General Lisa Madigan’s attorneys defeated the ACLU’s latest attack on the parental notice law, in which the ACLU had charged that the law violated Illinois’ state constitution, her trial attorneys agreed with the ACLU that the law’s enforcement could be “stayed,” i.e., suspended, for as long as it took for the ACLU to appeal the ruling to higher courts. In effect, she won the lawsuit but then threw in the towel! Cook County Chancery Judge Daniel Riley, although dismissing the ACLU’s lawsuit as meritless, entered an “Agreed Order” suspending the law’s enforcement yet again. Thomas More Society, representing downstate county prosecutors, tried repeatedly to intervene in the case to mount a robust defense of the parental notice law and to oppose this latest “stay” of enforcement. But its efforts were rebuffed by Judge Riley when the Attorney General and ACLU objected. The Society has appealed those rulings and will seek to vacate the “stay” when the case reaches the Illinois Appellate Court.
Read the complete article below (Click “Fullscreen” for the best reading experience):