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Challenge to state law funding elective abortions now moves to Illinois Supreme Court

by | Sep 19, 2018

By Dave Andrusko

Back in November, we reported on a taxpayer lawsuit brought against State of Illinois officials challenging House Bill 40, which requires public funding of elective abortions. It was brought by the Thomas More Society which said that “under HB 40, Illinoisans will be forced to pay for 20,000 to 30,000 abortions per year with their tax dollars.”

Unfortunately on September 17, the Illinois Appellate Court upheld the dismissal of a lawsuit seeking an injunction against the measure. Undeterred, the Thomas More Society said it will take its suit to the Illinois Supreme Court.

“We’re disappointed in the appellate court’s decision, which held that the courts cannot enforce the Balanced Budget requirement of our state constitution,” said Peter Breen, Thomas More Society Special Counsel. “But we knew, win or lose, due to the importance of the issues here, this matter would continue beyond the appellate court level. The people of Illinois deserve a definitive ruling from their Supreme Court before our state’s courts entirely step back from enforcing the Balanced Budget requirement of the Illinois Constitution.”

Illinois Supreme Court

The complaint levels two challenges against HB 40. First, the General Assembly has not set aside funds to pay for HB 40’s tens of thousands of elective abortions, and there’s no money available to pay for those abortions and still be within the Balanced Budget requirements of the Illinois Constitution.

Second, abortion claims from before June 1 are not valid under the Illinois Constitution’s Effective Date of Laws section, which prohibits laws passed after the conclusion of the General Assembly’s regular session from becoming effective before the following June 1. In this case June 1, 2018.

The petition for leave to appeal from the Illinois Appellate Court to the Illinois Supreme Court is due October 22.