High Court Defers Illinois Abortion Case Argument

The Supreme Court on Friday dropped a much-watched Illinois abortion dispute from its schedule of cases to be argued next week because of an out-of-court settlement in the case.

The settlement was announced in Chicago last week, eliminating the case that had been viewed as the high court’s most likely opportunity to alter its 1973 decision legalizing abortion.

As anticipated, the justices granted a request from both sides that Supreme Court arguments be deferred pending a formal settlement. The argument session had been scheduled for Tuesday.

The settlement must be approved by a federal judge before it becomes final. The case will remain on the Supreme Court docket, in limbo, until the judge acts and both sides then ask the justices to dismiss the case.

The key issue in the Illinois dispute is a set of strict regulations imposed on abortion clinics, where most early-pregnancy abortions are performed. The regulations could have severely restricted the availability of abortions in that state.

A federal judge struck down many of the state regulations, and that ruling was upheld by the U.S. 7th Circuit Court of Appeals.

Illinois Atty. Gen. Neil Hartigan’s appeal to the Supreme Court was accepted for review last July 3--the same day the justices announced, in a Missouri case, a decision giving states greater authority to regulate abortions.

But Hartigan, a Democratic candidate for governor in 1990, later sought a settlement in which Illinois women would be guaranteed continued access to abortions.

The case is Turnock vs. Ragsdale, 88-790.