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Illinois Attorney General Lisa Madigan gave notice last week that her office would appeal a U.S. District Court for Northern Illinois decision last month in which the court upheld an injunction against the implementation of a 1995 state parental notification law for minors seeking an abortion. Madigan’s office announced March 13 that it would appeal U.S. District Judge David Coar’s February 28 decision to the U.S. Court of Appeals for the Seventh Circuit. Zbaraz v. Madigan, No. 84-771. Court documents supporting the appeal will be filed at a later date. The 1995 law required that doctors seeking to provide an abortion must give an adult family member of minors and incompetent persons at least 48 hours before such a procedure, repealing a 1983 law on the same matter. The 1995 law provided several exceptions, including allowing the provision of a judicial waiver of the notice. In February 1996, U.S. District Court Judge Paul Plunkett entered an injunction to stop enactment of the law because the Illinois Supreme Court had not instituted rules and regulations specified in the new law for “judicial bypass” and appeals procedures. The top state court adopted such rules in September 2006 and the Attorney General’s office sought to dissolve the injunction last March. Cook County State’s Attorney Richard Devine is working with Madigan’s office on the appeal. State’s Attorneys Stewart Umholtz and Edward Deters are expected to make an appearance Thursday on behalf of the state, backing up Madigan’s position, at a hearing before Coar on the matter, said assistant attorney general Thomas Ioppolo.

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