Has Danville’s Anti-Abortion Law Been Aborted? – Illinois

On May 2^nd, 2023, the Danville, Illinois City Council passed a controversial anti-abortion ordinance which many parties believed was so legally objectionable that it would surely result in a U.S. Supreme Court case.  Danville’s legal counsel even suggested that litigation costs could be in the millions of dollars.

WCIA published an article on April 25^th, 2023: ‘Is it worth a million dollars to find out?’: Danville questions legality of proposed abortion ordinance

Fox 32 also reported on May 3^rd, 2023: Illinois AG deems Danville abortion ordinance illegal, ACLU plans to challenge in court

The ordinance that Danville passed was titled, “Approving the Addition of Chapter 142 to the Danville, Illinois Code of Ordinances; Requiring Compliance with Federal Abortion Laws”, and it added “Chapter 142: Abortion” to the Danville City Code.

The law would fine individuals $750 (plus costs and fees to prosecute the offense) for supplying or receiving “any drug, medicine, article, or thing designed, adapted, or intended for producing abortion”.

However, it has been nine months and the posturing and lofty promises of the elected officials who voted for the law have not been delivered.  There has been nothing in the news about lawsuits filed or further action by Danville to enforce the ordinance.

This seems to be because of a last-minute change to the anti-abortion ordinance which the Danville Council adopted before their final vote:

“This chapter shall take effect when the city of Danville obtains a declaratory judgment from a court that it may enact and enforce an ordinance requiring compliance with the abortion-related provisions of 18 U.S.C. § 1461 and 18 U.S.C. § 1462, however those statutes are interpreted by the court, and the declaratory judgment becomes final upon the conclusion of direct appeals.”

On January 24^th, Check CU sent a Freedom of Information Act (FOIA) request to the City of Danville asking for copies of any declaratory judgements, or any attempts to acquire such a judgment.  City Clerk Lisa Monson responded, indicating that no records existed (her response is provided below).

At this point, it isn’t clear if Danville’s anti-abortion law will ever come full term, or if there was ever any intent by those who conceived the law that it would actually be enforced, or if this entire fiasco was simply political grandstanding.