Abortion Ban

AFTER 12 WEEKS

Illinois' unconstitutional and unenforceable ban outlaws abortions performed as early as twelve weeks.  720 Ill. Comp. Stat. Ann. 513/1, 513/5, 513/10, 513/20, 513/99 (Enacted 1997).

A court held that Illinois' ban is unconstitutional because it lacks an exception to protect women's health and unduly burdens the right of a woman to choose an abortion.  The court issued a permanent injunction prohibiting the law's enforcement.  Hope Clinic v. Ryan, 249 F.3d 603 (7th Cir. 2001).  The U.S. Supreme Court previously held that a similar ban that lacks an exception to protect a woman's health and that bans more than one procedure is unconstitutional.  Stenberg v. Carhart, 530 U.S. 914 (2000).

Illinois' unconstitutional and unenforceable law makes the performance of any abortion procedure that falls within a broad definition a felony, unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, physical illness, or physical injury, including a life-endangering condition caused by or arising from the pregnancy itself, and no other medical procedure will suffice.  720 Ill. Comp. Stat. Ann. 513/1, 513/5, 513/10, 513/20, 513/99 (Enacted 1997).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.