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HOPE CLINIC FOR WOMEN LTD. v. ADAMS

Nos. 1-10-1463, 1-10-1576.

955 N.E.2d 511 (2011)

353 Ill. Dec. 44

The HOPE CLINIC FOR WOMEN LTD.; and Allison Cowett, Plaintiffs-Appellants, v. Brent ADAMS, Acting Secretary of the Illinois Department of Financial and Professional Regulation, in His Official Capacity; Daniel Bluthardt, Director of the Division of Professional Regulation, of the Illinois Department of Financial and Professional Regulation, in His Official Capacity; The Illinois State Medical Disciplinary Board, Defendants-Appellees (Stewart Umholtz, the State's Attorney of Tazewell County, Illinois; Edward Deters, the State's Attorney of Effingham County, Illinois, Proposed Intervenors-Appellants).

Appellate Court of Illinois, First District, Sixth Division.

June 17, 2011.

Attorney(s) appearing for the Case

Lorie Chaiten , Leah Bartelt , Krista Stone-Manista , Roger Baldwin Foundation of the ACLU, Inc., Kathleen Roach , Rachel Niewoehner , Greeta Malhorta , Sidley Austin LLP, Chicago, Jennifer Dalven, Alexa Kolbi-Molinas, ACLU Foundation, New York, NY, for Appellants.

Lisa Madigan , Attorney General of Illinois, Michael Scodro , Solicitor General of Illinois, Jane Elinor Notz , Deputy Solicitor General of Illinois, Brett Legner , Assistant Attorney General of Illinois, for Appellees.

Paul Benjamin Linton , The Thomas More Society, Northbrook, Thomas Brejcha , Peter Breen , The Thomas More Society, Chicago, for Proposed Intervenors-Appellants.

OPINION

Justice R. GORDON delivered the judgement of the court, with opinion.

¶ 1 Plaintiffs challenge the constitutionality of the Parental Notice of Abortion Act of 1995 (the Act) (750 ILCS 70/1 et seq. (West 2008)), under the Illinois Constitution alone.

¶ 2 In the proceedings below, the trial court entered judgment on the pleadings and dismissed plaintiffs' complaint with prejudice. In this consolidated appeal, plaintiffs appeal...

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