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ZBARAZ v. HARTIGAN

No. 84 C 771.

584 F.Supp. 1452 (1984)

David ZBARAZ, M.D., and Allan G. Charles, M.D., individually and on behalf of a class of all others similarly situated, Plaintiffs, v. Neil HARTIGAN, in his official capacity as Attorney General of the State of Illinois; and Richard M. Daley, in his official capacity as State's Attorney for Cook County, Illinois; their agents and successors; and all others similarly situated, Defendants.

United States District Court, N.D. Illinois, E.D.

May 4, 1984.

Attorney(s) appearing for the Case

Harvey Grossman, The Roger Baldwin Foundation of the ACLU, Inc., Marc O. Beem, Miller, Shakman, Nathan & Hamilton, Chicago, Ill., for plaintiffs.

William G. Sullivan, Asst. Atty. Gen., Gen. Law Div., Richard M. Daley, State's Atty. of Cook County by Robert J. Tonos, Asst. State's Atty., Chicago, Ill., for defendants.

MEMORANDUM OPINION

WILL, District Judge.

On November 2, 1983, the Illinois General Assembly passed, over the veto of Governor Thompson, the Parental Notice Abortion Act, P.A. 83-890 (Senate Bill or "SB 521") which plaintiffs here challenge as unconstitutional on a number of grounds. SB 521 regulates the performance of abortions on unemancipated minors and incompetents. Section 8 of the Act provides that anyone who "intentionally, knowingly, or recklessly...

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