Zbaraz v. Madigan, No. 08-1620
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.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued: January 14, 2009
Decided: July 14, 2009
Before CUDAHY, KANNE and TINDER, Circuit Judges.
Opinion by CUDAHY, Circuit Judge.
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