Hartigan v. Zbaraz
SummaryOriginal

Summary

Zbaraz v. Hartigan struck down Illinois' parental notice abortion law. 24-hour waiting period and judicial bypass procedures deemed unconstitutional burdens on minor's right to abortion (Fourteenth Amendment).

1987 | State Juristiction

Hartigan v. Zbaraz

Keywords mandatory waiting periods; abortion procedure for minors; parental notification; abortion

Abstract

This case from the Northern District of Illinois, Zbaraz v. Hartigan, challenged the constitutionality of the Illinois Parental Notice Abortion Act. The Act required a minor to notify one parent before obtaining an abortion. Doctors Allan G. Charles and David Zbaraz, along with Planned Parenthood, sued on behalf of themselves and their patients. The District Court, in a decision by Judge Will, found the Act's provisions unconstitutional. The 24-hour waiting period imposed a significant burden on a minor's right to abortion, especially for those with unsupportive parents. Additionally, the judicial bypass procedures for obtaining a waiver of parental notice were deemed inadequate to ensure expeditious and confidential hearings.

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Abstract

This case from the Northern District of Illinois, Zbaraz v. Hartigan, challenged the constitutionality of the Illinois Parental Notice Abortion Act. The Act required a minor to notify one parent before obtaining an abortion. Doctors Allan G. Charles and David Zbaraz, along with Planned Parenthood, sued on behalf of themselves and their patients. The District Court, in a decision by Judge Will, found the Act's provisions unconstitutional. The 24-hour waiting period imposed a significant burden on a minor's right to abortion, especially for those with unsupportive parents. Additionally, the judicial bypass procedures for obtaining a waiver of parental notice were deemed inadequate to ensure expeditious and confidential hearings.

The case of Zbaraz v. Hartigan, heard in the U.S. District Court for the Northern District of Illinois, challenged the constitutionality of the Illinois Parental Notice Abortion Act. Plaintiffs, including physicians Allan G. Charles and David Zbaraz, along with Planned Parenthood, filed suit both as individuals and on behalf of their patients. The lawsuit contested the Act's requirement for minors to notify a parent before procuring an abortion.

Judge Will, presiding over the case, ruled in favor of the plaintiffs, declaring key provisions of the Act unconstitutional. Specifically, the court held that the mandatory 24-hour waiting period after parental notification presented a substantial obstacle to a minor's right to an abortion, particularly for those facing potential adversity from their parents. Furthermore, the judicial bypass mechanism, intended to allow minors to circumvent parental notification under certain circumstances, was deemed insufficient. The court argued that the existing procedures did not adequately ensure the expeditious and confidential nature of the hearings necessary for such a process.

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Abstract

This case from the Northern District of Illinois, Zbaraz v. Hartigan, challenged the constitutionality of the Illinois Parental Notice Abortion Act. The Act required a minor to notify one parent before obtaining an abortion. Doctors Allan G. Charles and David Zbaraz, along with Planned Parenthood, sued on behalf of themselves and their patients. The District Court, in a decision by Judge Will, found the Act's provisions unconstitutional. The 24-hour waiting period imposed a significant burden on a minor's right to abortion, especially for those with unsupportive parents. Additionally, the judicial bypass procedures for obtaining a waiver of parental notice were deemed inadequate to ensure expeditious and confidential hearings.

A lawsuit originating in the U.S. District Court for the Northern District of Illinois, Zbaraz v. Hartigan, contested the Illinois Parental Notice Abortion Act. This Act mandated that minors seeking an abortion notify one parent before the procedure. Physicians Allan G. Charles and David Zbaraz, joined by Planned Parenthood, filed suit representing both themselves and their patients.

Judge Will, presiding over the case, declared the Act's stipulations unconstitutional. The court determined that the mandatory 24-hour waiting period after parental notification placed a substantial obstacle on a minor's right to an abortion, particularly for those facing potential adversity from their parents. Furthermore, the judicial bypass procedures, designed to allow minors to circumvent parental notification under specific circumstances, were deemed insufficient in guaranteeing swift and confidential hearings.

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Abstract

This case from the Northern District of Illinois, Zbaraz v. Hartigan, challenged the constitutionality of the Illinois Parental Notice Abortion Act. The Act required a minor to notify one parent before obtaining an abortion. Doctors Allan G. Charles and David Zbaraz, along with Planned Parenthood, sued on behalf of themselves and their patients. The District Court, in a decision by Judge Will, found the Act's provisions unconstitutional. The 24-hour waiting period imposed a significant burden on a minor's right to abortion, especially for those with unsupportive parents. Additionally, the judicial bypass procedures for obtaining a waiver of parental notice were deemed inadequate to ensure expeditious and confidential hearings.

A court case in Illinois called Zbaraz v. Hartigan challenged a state law about abortion. The law, called the Illinois Parental Notice Abortion Act, said that minors had to tell one parent before getting an abortion. Doctors Allan G. Charles and David Zbaraz, along with Planned Parenthood, went to court for themselves and their patients.

Judge Will decided that the law was unconstitutional. He said that making a minor wait 24 hours after telling a parent was a big obstacle to getting an abortion, especially for those who don't have supportive parents. He also said the court process for minors to get around telling their parents wasn't good enough at keeping things private and making sure the hearings happened quickly.

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Abstract

This case from the Northern District of Illinois, Zbaraz v. Hartigan, challenged the constitutionality of the Illinois Parental Notice Abortion Act. The Act required a minor to notify one parent before obtaining an abortion. Doctors Allan G. Charles and David Zbaraz, along with Planned Parenthood, sued on behalf of themselves and their patients. The District Court, in a decision by Judge Will, found the Act's provisions unconstitutional. The 24-hour waiting period imposed a significant burden on a minor's right to abortion, especially for those with unsupportive parents. Additionally, the judicial bypass procedures for obtaining a waiver of parental notice were deemed inadequate to ensure expeditious and confidential hearings.

A law in Illinois said that teenagers had to tell one of their parents before they could have an abortion. Some doctors, like Dr. Charles and Dr. Zbaraz, thought this law was wrong. They went to court with Planned Parenthood to argue against the law for themselves and their patients.

The judge, Judge Will, decided that the law was unfair. He said making teenagers wait 24 hours to get an abortion caused problems, especially for those who didn't have supportive parents. The judge also said the way the law allowed teenagers to ask a judge to waive the parental notification was not effective because it took too long and did not always protect the teenager's privacy.

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Footnotes and Citation

Cite

Hartigan v. Zbaraz, 484 U.S. 171 (1987)

Highlights