Thursday, September 21, 2006

9/21/2006: When a law isn't


Abortion--the ultimate in culture war topics--had been a dormant issue in Illinois for almost a decade...until now!

Illinois' status as having the fewest restrictions against abortion compared with other Midwest states went unchanged and undebated with the Democrats in charge of the state legislature and pro-choice Governors at the helm in Springfield. But all of that changed this week when the Illinois State Supreme Court resurrected a parental notification law passed by the General Assembly in 1995.

In 1995, the state legislature --then controlled by Republicans--passed a parental notification law. Girls under 18 were supposed to notify a parent within 48 hours of having an abortion, but no one was ever forced to follow this law.

Opponents of the law filed litigation to block the implementation of the law until the State Supreme Court clarified the details. The Court never got around to it.

Now (11 years later) the State Supreme Court has issued the clarifications, and the law is set to go into effect immediately.

Liberals claim the Court's recent decision is blatantly political because it coincides with a Governor's race in which Governor Blagojevich vehemently opposes the notification law while his opponent, Judy Baar Topinka strongly supports it.

Conservatives claim the Court's recent decision is just a correction of the Court's political maneuver to quash the law 11 years ago.

Regardless, the case is a textbook example of civics in modern American politics.

First: the abortion issue is still a rallying point for hardcore supporters of both parties. Gay marriage, embryonic stem cell research and immigration reform are just sideshows.

Second: passing laws is more than just a process involving lawmakers. Courts now play an integral role in clarifying legislative details and blocking the enforcement of our most controversial laws.

Third: who runs government really matters.

5 Comments:

At 1:59 PM, Anonymous j. addison said...

Those outraged on the left have been heard uttering a familiar political axiom, "Justice is blind." This judicial chicanery, they say, appears to be politically motivated.

Reminds me of another political axiom, "What goes around, comes around."

One has to consider, however, why did the Democrats on the Illinois Bench go along with the decision?

MMMM...

"Politics ain't beanbag."

 
At 5:49 PM, Blogger Stevo Brask said...

This post has been removed by a blog administrator.

 
At 5:52 PM, Blogger Stevo Brask said...

I have to disagree. The immigration issue should be our top priority. Embryonic Stem cell research is no longer an issue now that scientists discovered a way to make them in labs around the country. Gay marriage is very controversial and I would not put it at the top of our to do list. Why can’t we focus on problems like the budget deficit? Problems like these are most important. I'm glad though, that the court finally made its decision. Even though this is minute compared to other problems in Illinois, but at least they're doing something.

And as for Judy Baar Topinka and Blagojevich, I dislike them both. We need someone who will step up and deal with the important issues.

When are you going to throw your name in the hat DL? Perhaps a write-in? You have my vote.

Peace,
Stevo

 
At 8:05 PM, Blogger c. macdonald said...

A few loosely related comments
1. I believe that this particular law seems unconstituional. Didn't roe v. wade give women the right to choose on the grounds that abortion was a private matter? Thus, shouldn't this resurected IL law violate the constituionaly mandated right to an indiviudal's privacy.
2. i feel like abortion will never be an issue that can be resolved in this country. it comes down to a debate on where you believe life begins. no one would support murder, but if you are just killing cells, many more may jump on that ship.
3. In response to Stevo and his commnet about our two lowly canidates for govenor, I completely agree. Has anyone who has read Blagojevich's campaign literature notice that he only supports non-controversal issues? He is against sexual predators.
that begs the question, who is pro sexual predators??
I think he will get my vote(if I could, but I can't) just because I feel he will do the least damage, the lesser of two evils. We need a strong canidate who is willing to take a stand.

 
At 10:36 PM, Anonymous Mona said...

Americans I think in general (or at least the government) suffers from sticking-its-nose-where-it-doesnt-belong-itis. Leave abortion up to each individual, dont stick your nose in everyone elses business. Let gays do what they want. get your nose out of someone elses business. Get out of iraq, get your nose out of someone elses business and worry about your own country. You live there, it holds precedent.

 

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