I wrote March 12 that the 17-year-old legal battle over IL's parental notification law was having more time added thanks to federal judge Judge David Coar (pictured right), who agreed with the IL ACLU on only 1 of 11 globs of mud it threw against the legal wall to try to stop this law from taking effect. But 1 is all it took.
Our side contended Coar made a mistake. But the IL attorney general defending the case, Lisa Madigan (pictured below left), is a rabid pro-abort. Would she ask Coar to reconsider, the easiest and quickest way to end this?...
Madigan's other option was to file an appeal with the 7th Circuit Court, but that would take months and years and cost much more taxpayer $.
Attorneys at the Thomas More Society prepared a motion to reconsider in case Lisa bailed, since she gave no indication what she was planning, if anything.
Our side told pro-lifers to call their state attorneys to pressure Madigan. Word on the street is pro-lifers made thousands of calls. One SA alone received 500 calls, which is just unheard of.
Not sure what worked, but Madigan filed a motion to appeal just minutes before TMS filed a motion to reconsider on behalf of 2 SAs, 1 Republican, 1 Democrat, on March 13.
Today, Judge Coar denied our side's motion to reconsider.
So Lisa's motion to appeal to his higher ups stands.
Did Lisa file the motion to appeal rather than motion to reconsider to buy the abortion industry more time before its certain legal loss of the right to abort young girls without their parents knowing?
I think so. The appeal could take 6 months to a year or more to decide. Federal judges are not bound by time. This case should be a slam dunk. My legal source tells me the U.S. Supreme Court has ruled at least 3 times in favor of this issue.
[Coar photo courtesy of The History Makers]
Comments:
What if a girls parents threatened to kick her out of the house if she ever got pregnant? If some parents weren't so G-flippin-D crazy I might support this law.
If an underage girl has a baby in foster care do they make her give the child up for adoption?
Posted by: Jess at March 20, 2008 7:23 PMJust on a weird random side note, I noticed when you were pointing out Lisa's picture you said "below left". I think a "below" would have been sufficiant seeing as it's the only picture below. It's not like we're going to mistake her for the weekly poll or something.
Sorry please continue.
Posted by: Jess at March 20, 2008 7:26 PMAnd about the poll, how can someone be a person before conception? Are you saying eggs are a person? Before conception is just an egg. So ovulation would be murder being you are deniying a person their right to life. And if one egg is predestined to be a person then isn't that denying all the other egss their right to life? So basically every woman would be a murderer. Or is a person and personhood different?
Posted by: Jess at March 20, 2008 7:29 PM
Do you know what was the one reason Judge gave for throwing out the law?
You can read it here - http://thomasmoresociety.org/IL_Parental_Notice/Coar_opinion_03-01-08.pdf
Posted by: Charles at March 20, 2008 10:59 PMJudge Coar, however, agreed with the
plaintiffs that the Act is unconstitutional because, although the Act “authorizes the court
to waive parental notification when it is in the ‘best interest’ of the child,” it “does not
authorize a method of consent for the abortion. Thus, under the statute, a ‘best interest’
minor who has waived parental notification is left without a mechanism to obtain consent
for the abortion, and thus is in legal limbo.” Mem. Op. & Order at 6.
What if a girls parents threatened to kick her out of the house if she ever got pregnant?
She could come live with me.
Seriously..we have so many people living here that 2 more would be no.big.deal.
Posted by: Elizabeth at March 20, 2008 11:00 PMThat will be a might day when the Act becomes enforceable. I will dance in the streets knowing that those bastard abortionists and their staff won't have unfettered access to our children w/o our knowing about it :)
Posted by: truthseeker at March 21, 2008 1:34 AMJess, you're right on the "below left" thing... :)
Jess, there are judicial bypass options in every parental notice/consent law in the land, including IL's.
And Jess said, "And about the poll, how can someone be a person before conception? Are you saying eggs are a person? Before conception is just an egg. So ovulation would be murder being you are deniying a person their right to life. And if one egg is predestined to be a person then isn't that denying all the other egss their right to life? So basically every woman would be a murderer. Or is a person and personhood different?"
That poll option was philosophical. Jeremiah 1:5 says, "Before I formed you I knew you." God preplanned each and every one of our lives.
Posted by: Jill Stanek at March 21, 2008 6:30 AM Thus, under the statute, a ‘best interest’
minor who has waived parental notification is left without a mechanism to obtain consent
for the abortion, and thus is in legal limbo.”
Sounds like a legitimate problem with the law.
Posted by: Hal at March 21, 2008 11:24 AMHal,
Here's another link that might be slightly more useful; it's the "Motion to Reconsider" that TMS filed evidently at about the same time that Lisa Madigan moved forward with the appeal. This motion to reconsider is probably now a moot point, but it goes into detail about the judge's decision was in error. Heres the link :
http://thomasmoresociety.org/IL_Parental_Notice/Parental_notice_Reconsider_alter_amend_3-13-08.pdf
This act says NOTHING about denying abortion to anyone of any age. It just says that if a minor comes in for one, they must notify the minor's parents that it has occurred.
The minor can be emancipated by the court.
In Illinois, there is already a law (with judicial bypass) that allows minors to get an abortion without parental consent. This law already has a judicial bypass provision. It's already on the books and is a done deal.
I'm really not sure where the judge is coming from on this one, and I think he'll lose when this moves up the judicial chain (as would Lisa Madigan if she had not appealed).
The TMS "Motion to Reconsider" brief is well prepared / documented and is only about 20 pages long.
Posted by: Frank at March 22, 2008 9:59 PMThat poll option was philosophical. Jeremiah 1:5 says, "Before I formed you I knew you." God preplanned each and every one of our lives.
__
jill stanek god was talkin to one dude not to everybody. if its all preplanned then my mom should cook better
Posted by: We Sk8trz Rule at March 23, 2008 11:53 PMdude, you mom should "something" lol
Posted by: Down with PD Sk8tr at March 24, 2008 1:33 AMWe SK, at least you have food to eat. Count your blessings:]
Posted by: heather at March 24, 2008 4:25 AMI agree with everybody else: awesome story.! Much food for thought... It really made my day. Thank you.
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Posted by: Dominick at April 9, 2008 5:32 AM