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Illinois

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.


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