United States Seventh Circuit

In a case involving an abortion parental notification law, an order denying defendant's motion to dissolve a permanent injunction barring enforcement of the Illinois Parental Notice of Abortion Act of 1995 is reversed and the is injunction dissolved where: 1) the court properly ruled that it lacked jurisdiction to decide the Rule 59 motion as the proposed intervenors were not before the court when they filed it; 2) the Illinois Supreme Court's adoption of Rule 303A completes the Act, and since the notice statute is otherwise constitutional on its face, applying the injunction prospectively is no longer equitable and it must be lifted; and 3) the Illinois parental notification statute is constitutional on its face under the relevant criteria for consent statutes, and therefore it satisfies any criteria that are required for bypass provisions in notice statutes.

Appellate Information

• Argued 01/14/2009
• Decided 07/14/2009
• Published 07/14/2009

Judges

• CUDAHY, Circuit Judge., Before CUDAHY, KANNE and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Peter Breen, Thomas L. Brejcha, Jr., Attorney, Chicago, IL, Patrick T. Gillen, Attorney (argued), Ann Arbor, MI, for Not Party-Appellant.


• For Appellees:
  
• Lorie A. Chaiten, Attorney (argued), Roger Baldwin Foundation of ACLU, Inc., Chicago, IL, for Plaintiff-Appellee., Thomas A. Ioppolo, Attorney, Michael A. Scodro, Attorney (argued), Office of the Attorney General, Chicago, IL, for Defendant-Appellant., Patrick T. Driscoll, Jr., Attorney, Thomas A. Ioppolo, Attorney, Chicago, IL, for Defendant-Appellee.