ILLINOIS
Political control: Illinois is overwhelmingly Democratic with laws providing greater access to abortion than most states. Democrats hold veto-proof supermajorities in the House and Senate, and the Democratic first-term governor seeking reelection this year, J.B. Pritzker, has promoted peaceful street protests to protect the constitutional right to an abortion.
Background: Abortion is legal in Illinois and can only be restricted after the point of viability, when a fetus is considered able to survive outside the womb. Medical science determines viability at 24 to 26 weeks, but the Illinois law does not specify a timeframe, saying a medical professional can determine viability in each case. Abortions are also allowed after viability to protect the patient’s life or health.
Effect of Supreme Court ruling: It won’t change access to abortion in Illinois. After the Roe v. Wade decision in 1973, the Illinois Abortion Act of 1975 legalized abortion but enacted a “trigger law” that would reinstate the ban if Roe were overturned. That trigger law was repealed in 2017 in legislation that also required Medicaid and state employees’ group health insurance to cover abortions. The 2019 Reproductive Health Act replaced the 1975 law, large parts of which were never enforced because they were found to be unconstitutional.
What’s next: Like other states providing access to abortions, Illinois has seen a steady influx of patients crossing the state line for abortions in recent months and those numbers are expected to increase. Planned Parenthood of Illinois says it expects to handle an additional 20,000 to 30,000 patients in Illinois in the first year following the reversal of Roe.
