Cook County Circuit Court: Illinois State Constitution Includes “Right” to Abortion.

“More than fifteen years ago, with overwhelming bipartisan support, parental notice was supposedly made the law in Illinois, but as we sit here today, secret abortions on pregnant minors continue unabated,” said Peter Breen, Thomas More Society executive director and legal counsel.

Breen and TMS’s pro-life attorneys are appealing to a Supreme Court rule that allows transfer of cases to them directly when the “public interest requires prompt adjudication.” Without the Supreme Court’s intervention, the case will continue to be litigated in the First District of the Illinois Appellate Court, where they do not expect a decision for at least a year.

“With this motion to transfer, the Supreme Court has the opportunity to immediately and definitively decide the constitutionality of parental notice in Illinois,” said Breen.

Judge Daniel Riley of the Cook County Circuit Court dismissed the lawsuit brought against the Act by the American Civil Liberties Union this past March, ruling the Act constitutionally valid. While he viewed the 1970 Illinois State Constitution as including a right to abortion, he said the Act should stand since the Illinois right to abortion is not broader than the federal right, thereby allowing for certain restrictions.

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