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Edited on Sun Jan-21-07 11:07 PM by kevsand
1) She's upholding the law, which is her job. Like it or not, the Parental Notification Act is still on the books, and the delineation of the guidelines by the Illinois Supreme Court has removed the salient objection which formed the original basis for the federal injunction. Her actions in this instance are strictly by the book.
2) I think she is deliberately forcing the issue in the hope that the resulting flurry of court activity and/or public outcry will remove the Parental Notification Act for good. It can either be stricken entirely by the courts once and for all (which they did not do previously), or it can be overturned by the now Democratic majority in both chambers of the General Assembly. At a minumum, I suspect there may be a new injunction formulated forthwith.
It is important to remember several facts about this. First of all, the act was never defunct, as apparently alleged by Planned Parenthood. The injunction temporarily blocked its implementation for specific reasons. The Act was always still there, waiting for the day when the injunction might be ended.
Secondly, if I remember this correctly, it was passed by a General Assembly that had Republican majorities in both chambers, and signed by a Republican governor. We have neither of those now, but the current state government has never reversed the legislation, preferring instead to duck a controversial issue by hiding behind the injunction.
Finally, even the brief scan I did of the front pages of the two Chicago dailies over the weekend indicated that Madigan had clearly expressed her own personal dismay over the measure, and her deep regret at being forced by the law to take these actions. She's the Attorney General, fer chrissakes. I think she's hoping to force the issue to finally get a satisfactory resolution; i.e., the final revocation of the Act.
I would much rather have an Attorney General who respects the rule of law, even when it is temporarily traumatic, than one who ignores the rules to suit her own tastes. We can't bash Gonzales and BushCo for their trampling of the rules, and then turn around and bash Madigan for failing to emulate their example.
(Edited to correct a couple of typos...)
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