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Illinois Right to Life in Support of Respondents

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Illinois Right to Life in Support of Respondents No. 15-274 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- WHOLE WOMAN’S HEALTH, et al., Petitioners, v. JOHN HELLERSTEDT, M.D., COMMISSIONER OF THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, et al., Respondents. --------------------------------- --------------------------------- On Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit --------------------------------- --------------------------------- BRIEF OF AMICUS CURIAE ILLINOIS RIGHT TO LIFE IN SUPPORT OF RESPONDENTS --------------------------------- --------------------------------- THOMAS L. BREJCHA Counsel of Record JOCELYN FLOYD THOMAS MORE SOCIETY 19 S. LaSalle Street, Suite 603 Chicago, IL 60603 (312) 782-1680 [email protected] Counsel for Amicus Curiae ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i TABLE OF CONTENTS Page TABLE OF CONTENTS ......................................... i TABLE OF AUTHORITIES ................................... ii INTEREST OF AMICUS CURIAE ........................ 1 SUMMARY OF ARGUMENT ................................ 2 ARGUMENT ........................................................... 3 I. ILLINOIS LAWMAKERS HAVE FAILED TO ENSURE SAFE CONDITIONS IN IL- LINOIS ABORTION FACILITIES, CAUS- ING HARM TO ILLINOIS WOMEN .......... 4 A. Illinois’ lax abortion facility inspection policies result in unsanitary, unsafe conditions ............................................... 4 B. Illinois’ failure to enforce reporting re- quirements results in inadequate in- formation for women to make truly informed choices .................................... 10 II. ILLINOIS’ FAILURE TO ADEQUATELY REGULATE ABORTION PROVIDERS CAUSES DIRECT, AND SOMETIMES FA- TAL, HARM TO WOMEN ........................... 11 A. Tonya Reaves ......................................... 11 B. Antonesha Ross ..................................... 13 C. Other Injuries and Fatalities ................ 14 III. ILLINOIS IS NOT ALONE IN ITS FAIL- URE TO PROTECT THE HEALTH AND SAFETY OF WOMEN SEEKING ABOR- TIONS .......................................................... 17 CONCLUSION ....................................................... 22 ii TABLE OF AUTHORITIES Page CASES Aaron v. Planned Parenthood, Inc., et al., Cook Cnty. Case No. 2004-L-005586 ............................... 15 Adams v. Family Planning Assoc., et al., Cook Cnty. Case No. 2004-L-002365 ............................... 16 Baker v. Planned Parenthood Ill., et al., Cook Cnty. Case No. 2009-L-001757 ............................... 15 Daumer v. Family Planning Assoc., et al., Cook Cnty. Case No. 2001-L-006896 ............................... 16 Donaldson v. Planned Parenthood Chicago, et al., Cook Cnty. Case No. 2000-L-013105 ................ 15 IDPH v. Women’s Aid Clinic of Lincolnwood, 2015 IL App (1st) 140550-U (2015) ........................ 14 Jorden v. Family Planning Assoc., et al., Cook Cnty. Case No. 2000-L-013983 ............................... 15 Joyce v. Family Planning Assoc., et al., Cook Cnty. Case No. 2000-L-008492 ............................... 15 Krause v. Family Planning Assoc., et al., Cook Cnty. Case No. 1992-L-012531 ............................... 15 Lambert v. Family Planning Assoc., et al., Cook Cnty. Case No. 2005-L-009803 ............................... 16 Moore v. Family Planning Assoc., et al., Cook Cnty. Case No. 2010-L-009209 ............................... 16 Planned Parenthood v. Casey, 505 U.S. 833 (1992) ......................................................................... 3 Ragsdale v. Turnock, 724 F. Supp. 1457 (N.D. Ill. 1990) .................................................................... 4 iii TABLE OF AUTHORITIES – Continued Page Ragsdale v. Turnock, 841 F.2d 1358 (7th Cir. 1988) .......................................................................... 4 Reaves v. Planned Parenthood of Ill., et al., Cook Cnty. Case No. 2013-L-000076 ...................... 12 Stevenson v. Planned Parenthood Chicago, et al., Cook Cnty. Case No. 2002-L-015845 ................ 15 STATUTES 210 Ill. Comp. Stat. 5/1 ................................................. 4 210 Ill. Comp. Stat. 5/9 ................................................. 5 210 Ill. Comp. Stat. 145/15(c) ....................................... 5 720 Ill. Comp. Stat. 510/10.1 ................................ 10, 11 42 U.S.C. § 1395i-3(g)(2)(A)(iii)(I) ................................ 5 OTHER AUTHORITIES Alabama Dep’t of Pub. Health, Statement of De- ficiencies and Plan of Correction, New Woman All Women Health, Mar. 1, 2012 ............................ 19 Angel San Juan, Beaumont’s only abortion clinic is closing, 12NEWSNOW, Mar. 6, 2014 ..................... 21 Associated Press, Illinois cracks down on abor- tion clinics, DAILY HERALD, Jan. 21, 2012 ................ 6 Beaumont Abortion Clinic Not Safe, According To State, KFDM NEWS, Jan. 9, 2014 ................ 20, 21 iv TABLE OF AUTHORITIES – Continued Page Dr. Susan Berry, Texas Lt. Gov. Demands In- vestigation of Abortionist After Video Exposé, BREITBART, May 15, 2013 ........................................ 20 Email from Darlene Linxwiler, IDPH Freedom of Information Officer (Aug. 4, 2014) ......................... 5 IDPH Statement of Deficiencies and Plan of Correction, Access Health Ctr., May 18, 2011 ...... 6, 7 IDPH Statement of Deficiencies and Plan of Correction, ACU Health Ctr., May 23, 2011 ........ 6, 8 IDPH Statement of Deficiencies and Plan of Correction, Advantage Health Care, Oct. 4, 2013 ........................................................................... 9 IDPH Statement of Deficiencies and Plan of Correction, Am. Women’s Med. Ctr., Jun. 23, 2011 ....................................................................... 8, 9 IDPH Statement of Deficiencies and Plan of Correction, Hope Clinic for Women, Oct. 7, 2013 ........................................................................... 7 IDPH Statement of Deficiencies and Plan of Correction, Mich. Ave. Ctr. for Health, Jun. 23, 2011 ...................................................................... 8 IDPH Statement of Deficiencies and Plan of Correction, N. Ill. Women’s Ctr. Rockford, Jun. 8, 2011 ........................................................... 6, 8 IDPH Statement of Deficiencies and Plan of Correction, Nat’l Health Care, Oct. 2, 2013 ............. 7 v TABLE OF AUTHORITIES – Continued Page IDPH Statement of Deficiencies and Plan of Correction, Women’s Aid Clinic, May 23, 2011 ........................................................................... 7 IDPH Statement of Deficiencies and Plan of Correction, Women’s Aid Clinic, Sept. 7, 2011 ..... 7, 8 IDPR Complaint, Exh. H ............................................ 12 Jim Kiertzner, Raid on doctor’s office after pos- sible fetuses found in car—Was he performing illegal abortions?, ABC 7 WXYZ DETROIT, Oct. 13, 2015 ............................................................ 20 Lisa H. Harris, Women’s Work, ATRIUM: THE RE- PORT OF THE NORTHWESTERN MEDICAL HUMANI- TIES AND BIOETHICS PROGRAM, Issue 12, Winter 2014 ......................................................................... 20 Megan Twohey, State Abortion Records Full of Gaps, CHICAGO TRIBUNE, Jun. 16, 2011 .................. 11 Morgan Chalfant, Ohio Planned Parenthood Fa- cilities Dispose of Aborted Fetuses in Land- fills, WASHINGTON FREE BEACON, Dec. 11, 2015 ......................................................................... 18 Nara Schoenberg, Abortion Clinic Closes, Avoids Fine after Fatality, CHICAGO TRIBUNE, Apr. 13, 2015 ............................................................. 13, 14 Press Release, The Family Foundation of Vir- ginia, BREAKING NEWS: Fetal Remains, Blood Found In Virginia Abortion Center (Sept. 12, 2012) ....................................................... 17 vi TABLE OF AUTHORITIES – Continued Page Records show Georgia’s abortion clinics lack inspection, WSB-TV 2, Nov. 19, 2015 ............... 18, 19 Steve Miller, Documents Shed Light on Woman’s Death after Abortion, CBS CHICAGO, Jul. 24, 2012 ................................................................... 11, 12 Tristyn Bloom, Ohio Abortion Clinic Fined $25K for Shocking Health and Sanitation Viola- tions, DAILY CALLER, Mar. 11, 2014 ................... 17, 18 Wendy Saltzman and Action News, Delaware Abortion Clinic Facing Charges of Unsafe and Unsanitary Conditions, ABC 6 ACTION NEWS, Apr. 29, 2013 ................................................ 19 Women’s Health Comes First, “Illinois Depart- ment of Public Health puts Women’s Health at Risk: a Full Report”, Jan. 2015 .................. passim REGULATIONS Chi. Bd. of Health, Food Service Sanitation Rules and Regulations, § 101 (Inspection and Correction of Violations, Frequency) ........................ 5 1 INTEREST OF AMICUS CURIAE1 Amicus curiae Illinois Right to Life is an Illinois not-for-profit corporation that seeks to build a culture of life in Illinois, welcoming and loving all human life from conception through natural death. Illinois Right to Life offers educational resources on the science of life, abortion, and protection against end-of-life dan- gers, as well as resources for women facing crisis pregnancies and those seeking healing after an abor- tion. Additionally, and most pertinent, Illinois Right to Life seeks to educate women on the risks of the abortion
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