ZBARAZ v. MADIGAN

Nos. 08-1620, 08-1782.

572 F.3d 370 (2009)

David ZBARAZ, M.D., Allan G. Charles, M.D., and Marilynn C. Frederiksen, M.D., Plaintiffs-Appellees, v. Lisa MADIGAN, Attorney General of Illinois, and Anita Alvarez, State's Attorney of Cook County, Illinois, in their official capacities, Defendants-Appellants. David Zbaraz, M.D., Allan G. Charles, M.D., and Marilynn C. Frederiksen, M.D., Plaintiffs-Appellees, v. Lisa Madigan, Attorney General of Illinois, and Anita Alvarez, State's Attorney of Cook County, Illinois, in their official capacities, Defendants-Appellees. Appeal of Stewart Umholtz and Edward Deters, Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 14, 2009.


Attorney(s) appearing for the Case

Lorie A. Chaiten, Attorney (argued), Roger Baldwin Foundation of ACLU, Inc., Chicago, IL, for Plaintiff-Appellee.

Thomas A. Ioppolo, Attorney, Michael A. Scodro, Attorney (argued), Office of the Attorney General, Chicago, IL, for Defendant-Appellant.

Peter Breen, Thomas L. Brejcha, Jr., Attorney, Chicago, IL, Patrick T. Gillen, Attorney (argued), Ann Arbor, MI, for Not Party-Appellant.

Patrick T. Driscoll, Jr., Attorney, Thomas A. Ioppolo, Attorney, Chicago, IL, for Defendant-Appellee.

Before CUDAHY, KANNE and TINDER, Circuit Judges.


CUDAHY, Circuit Judge.

There is no dispute that minors, like adult women, have a constitutional right to an abortion that may not be blocked by significant obstacles from the State. Nor is there any doubt that the State has an important interest in the welfare of its children that justifies regulation of the abortion of minors that would not be upheld if applied to adult women.

This case is merely the latest in a string of facial challenges to one such regulation...

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