Abortion Ban
AFTER 12 WEEKS
Illinois has an unconstitutional and unenforceable ban that outlaws abortion procedures as early as 12 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 has no exception to protect women's health and unduly burdens a woman's right to choose. 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 has no exception to protect a woman's health and that bans more than one procedure places an undue burden on a woman's right to choose and is unconstitutional. Stenberg v. Carhart, 530 U.S. 914 (2000).
Illinois' unconstitutional and unenforceable law makes the provision of any abortion procedure that falls within a broad definition a felony, unless 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 provision of certain second-trimester abortion procedures and has no 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.
