by Daniel T. Zanoza, Executive Director
On Tuesday, January 13th, RFFM.org detailed the history of Illinois' Parental Notification Law (Illinois' Parental Notification of Abortion Act: Thomas More Society's Long Battle for Law's Enforcement: http://rffm.typepad.com/republicans_for_fair_medi/2009/01/illinois-parental-notification-of-abortion-act-thomas-more-societys-long-battle-for-laws-enforcement.html).
On Wednesday, a three judge panel of the Seventh Circuit Court of Appeals conducted a hearing regarding the case titled, "David Zbaraz vs. Lisa Madigan". The case was not decided and the three judge panel said the case would be "taken under advisement."
The Parental Notification Law was passed in 1995 and signed by then-Governor Jim Edgar. However, the law, which would require parents to be informed when their minor children are seeking abortions, (with some exceptions) has yet to be enforced.
"We were very encouraged," said Tom Brejcha, President of the Chicago-based Thomas More Society. "We heard some good things from the judges."
The Thomas More Society has argued in the Seventh Circuit Court of Appeals along with Lisa Madigan's Illinois Solicitor General in defense of Illinois' long moribund Parental Notice Law of 1995 which the federal courts enjoined when the Illinois Supreme Court refused to issue necessary procedural rules for "expedited, confidential bypass hearings."
Those present said Lisa Madigan, the Illinois Attorney General, argued the case well on Wednesday. In the past, Madigan has been accused of dragging her feet regarding the enforcement of the Parental Notification Law. Some polls indicate as many as 80% of Americans support parental notification legislation.
The three judge panel did not set a date for another hearing of the case.
To hear the oral arguments, go to: http://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=08-1620&submit=showdkt&yr=08&num=1620 and click on Oral Argument
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When I studied history and government I understood that the duty of an Officer of the court and Peace Officer was to enforce the laws as written, not judge the. I believe the court can issue a Writ of Mandamus, ordering a government official to do their job? Of course that was decvades ago when we still expect people to do that.
Posted by: Charlie | January 16, 2009 at 09:32 PM