Illinois’ Hope Clinic Challenge: Does Abortion Law Exist Under Its Own Kind of Federalism?

Written by Jessica Mason Pieklo for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

At its most basic level, the decision in Roe v. Wade guaranteed women in every state the right to chose an abortion. Usually the impact of the decision is discussed in the context of expanding rights of women in states that had previously criminalized abortion care. But some states, like Illinois, actually provide greater privacy protections for women than recognized in Roe and later Planned Parenthood v. Casey. So what happens when a legislature passes an abortion restriction that may be in line with federal precedent but conflicts with state constitutional protections? We’re about to find out.

In Illinois, pregnant minors generally enjoy the same rights to consent to medical care as adults do. That means they can make nearly every decision concerning the pregnancy without parental involvement. Pregnant minors can also consent to place their child up for adoption without parental notification, involvement, or consent. In fact, throughout the entire course of her pregnancy, a minor can access and consent to a panoply of care without her parents involvement — unless of course she wants to terminate that pregnancy. Then, and only then, does the state of Illinois require a pregnant minor to notify her parents.

Read the rest here.

My Pro-Choice Politician: Kelly Cassidy (D-Chicago)

This is the first in what we hope to be a continuing series where you all nominate state- or local-level elected officials who are standing up for reproductive rights in their communities and states, and we all, as a community, thank them for what they do.

We need to keep reminding these hard-working, often unacknowledged state-level politicians that we see the work they are doing and we are incredibly grateful for it.

This idea was inspired by our post a while back for Kentucky State Rep Darryl Owens.


Today’s Pro-choice Politician is Kelly Cassidy, a rep out of Illinois.

Ms. Cassidy was nominated by Elizabeth Dietz Butterfield on our Facebook page.

Cassidy became nationally famous in early March when she proposed a “Viagra Amendment” to a forced ultrasound bill in Illinois.

From RH Reality Check:

Illinois Representative Kelly Cassidy (D-Chicago) is pushing for equality by proposing an amendment to new state anti-choice laws — which require women to undergo an ultrasound before obtaining an abortion — which, in turn, requires men to view a video about the possible effects of taking Viagra before obtaining a prescription.

The Illinois forced ultrasound bill later died.

Let’s thank Rep. Kelly Cassidy for her work in protecting reproductive rights:

Thanks, Rep. Cassidy!
If you’d like to nominate someone for our new “My Pro-Choice Politician” series, you can do so on our Facebook page or via Twitter (we’re @rhrealitycheck and use hashtag #prochoicepol).