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* Rockford Register Star…
A federal judge issued a preliminary injunction to halt enforcement of Illinois’ newly signed Deceptive Practices of Limited Services Pregnancy Centers Act.
“The bill is painfully and blatantly a violation of the First Amendment,” Judge Iain Johnston said Thursday in federal court in Rockford.
It was just one week ago when Gov. JB Pritzker signed SB1909 into law barring crisis pregnancy centers from using “misinformation, deceptive practices, or misrepresentation” in order to interfere with access to abortion services or emergency contraception. Violators faced up to $50,000 fines. […]
Johnston said, “There’s no doubt who the Attorney General wants to win or lose in the market place of ideas, but the government doesn’t get to decide that. The people do.”
* Crain’s…
Illinois Attorney General Kwame Raoul’s office did not immediately respond to a request for comment.
The preliminary injunction halts a recently passed law that amends the Consumer Fraud & Deceptive Business Practices Act to specify that the act applies to crisis pregnancy centers that deceive women who are seeking abortion services. […]
During a press conference last week, Raoul said the law simply clarifies that the state’s long-standing deceptive practices law applies to crisis pregnancy centers that use practices like deceiving patients that they are part of existing abortion clinics or removing people from near an abortion clinic to delay them from entering that clinic.
* Thomas More Society…
At an August 3, 2023, hearing in United States District Court, a federal judge granted a motion requested by Thomas More Society attorneys for a preliminary injunction seeking to immediately halt Illinois’ new law attacking life-affirming maternal health care centers. The lawsuit, National Institute of Family Life Advocates et al. v. Raoul, asserts that this law—enacted on July 27, 2023, and amending the Consumer Fraud and Deceptive Business Practices Act—was designed to target pregnancy help ministries solely because of their pro-life message.
“Free Speech won today in the Land of Lincoln—pro-life advocates across Illinois can breathe a sigh of relief they won’t be pursued for ‘misinformation’ by Attorney General Kwame Raoul,” stated Peter Breen, Executive Vice President and Head of Litigation for the Thomas More Society. Breen argued the case on behalf of National Institute of Family Life Advocates and other pro-life ministries, including pregnancy care centers in Illinois.
“Across the nation, pregnancy help ministries are being discriminated against by laws that target their life-affirming work,” said Breen. “The injunction granted today sends a strong, clear message to the country that the First Amendment protects pro-life speech.”
Read the Verified Complaint for Temporary and Permanent Injunction and Other Relief filed on July 27, 2023, in the United States District Court – Northern District of Illinois Western Division, by Thomas More Society attorneys on behalf of the National Institute of Family and Life Advocates, Women’s Pregnancy Services, Rockford Family Initiative, Relevant Pregnancy Options Center, and Pro-Life Action League, in National Institute of Family Life Advocates et al. v. Raoul here [https://tinyurl.com/4wvsvryb].
The governor will be in Schaumburg this afternoon, so maybe we’ll get a react. I’ve also reached out to Planned Parenthood and Personal PAC.
…Adding… With a hat tip to a commenter, here’s a press release from early 2020…
U.S. Senators Dick Durbin (D-IL) and Tammy Duckworth (D-IL) today released the following statement after the White House announced the nominations of David Dugan to serve as Judge on the United States District Court for the Southern District of Illinois, Iain Johnston to serve as Judge on the United States District Court for the Northern District of Illinois, and Franklin Valderrama to serve as Judge on the United States District Court for the Northern District of Illinois.
“We are pleased that the President nominated Judge Dugan, Judge Johnston, and Judge Valderrama to fill vacant district court judgeships in Illinois. All three nominees were carefully reviewed by nonpartisan screening committees we established to evaluate potential candidates, and we expect these nominees to be diligent, thoughtful, and principled District Court Judges. We look forward to guiding their nominations through the Senate.” […]
If confirmed, Iain D. Johnston will serve as Judge on the United States District Court for the Northern District of Illinois. Iain Johnston currently serves as a United States Magistrate Judge on the United States District Court for the Northern District of Illinois. Before taking the bench in 2013, Judge Johnston was a unit supervisor for the Office of the Illinois Attorney General and in private practice at Altheimer & Gray, Holland & Knight LLP, and Johnston Greene LLC. Judge Johnston also serves as an adjunct professor at UIC John Marshall Law School. Upon graduation from law school, Judge Johnston served as a law clerk to Judge Philip Godfrey Reinhard of the United States District Court for the Northern District of Illinois. Judge Johnston earned his B.S., cum laude, from Rockford College and his J.D., cum laude, from UIC John Marshall Law School.
…Adding… Jennifer Welch, President and CEO of Planned Parenthood of Illinois…
I am frustrated that a federal judge temporarily halted a new law targeting organizations actively working to deceive people trying to access health care.
For decades, crisis pregnancy centers have targeted our patients using deceptive and false practices. Often crisis pregnancy centers provide misleading and medically inaccurate information, sometimes deliberately misdiagnosing patients or misdating their pregnancies so people think they have more time to decide about abortion or that they are past the time when they can have an abortion.
We are grateful the State of Illinois continues to fight for our patients to have expanded access to the essential health care they need and deserve.
…Adding… Lisa Battisfore, President of Reproductive Transparency Now…
The news of this preliminary injunction against SB1909 is disappointing, but not surprising. We have expected that this would be the path forward from the very beginning. Illinois is mapping out the pathway that other states will eventually follow. Which is why we should all be watching NIFLA v. Raoul closely.
To be clear, the Deceptive Practices of Limited Services Pregnancy Centers Act does not compel speech. Anti-abortion centers simply must not lie to their clients, and must not deceive or mislead in service to their mission to prevent people from accessing abortion care.
We must ask ourselves: Why is it that these anti-abortion groups are so concerned about being prohibited from lying and deceiving?
While covering this story, we implore members of the media to ask probing questions about anti-abortion “crisis pregnancy centers,” such as:
• Who are the medical providers on staff (if there are any) and how often are they on-site? What are their specialties and credentials?
• What must clients do in order to receive material support? And what material support do they receive in exchange for those requirements?
• Do they have a separate website for clients and donors? How is the organization’s mission described differently between those websites?
• What personal information are they collecting about clients? Are they bound by patient data privacy laws to keep that information protected?
• Do they promote “abortion pill reversal”? What clinical studies are they using to justify this unproven–and potentially dangerous–protocol?We have many examples of pamphlets and forms from CPCs in Illinois, available upon request.
…Adding… I asked for examples from the group. Click here and here.
…Adding… Gov. JB Pritzker…
I’m disappointed that the far-right is interfering with the ability for women to access safe medical care without deception or lies. This law is constitutional and I am confident that the law will ultimately be found constitutional and will continue to work alongside Attorney General Raoul to ensure Illinois patients are protected from misinformation.
…Adding… Sarah Garza Resnick CEO of Personal PAC…
We know the anti-abortion movement is fond of forum shopping, so this latest move is not surprising. Consumers in Illinois are protected against fraud and deception, and that has not changed. People have just as much of a right to bring a complaint against so-called crisis pregnancy centers engaged in deceptive practices as they do against a car dealership, a payday lender, or any other business. We look forward to working with Attorney General Raoul and our allies to ensure that CPCs are held accountable for deceptive practices.
…Adding… Leader McCombie…
After a federal judge granted a motion to immediately halt a new law targeting crisis pregnancy centers, House Republican Leader Tony McCombie issued the following statement:
“House Republicans consistently said this bill violated the First Amendment and US District Judge Johnston confirmed that concern. We will continue to fight to protect women and the care they receive from pregnancy centers.”
Below is Leader McCombie’s Floor Speech during the bill’s initial debate in the Illinois House:
https://youtu.be/m_hMqP1ulQg.
…Adding… Freedom Caucus…
The IL Freedom Caucus is issuing the following statement on a federal judge’s decision to grant a stay in the National Institute of Family Life Advocates et al. v. Raoul lawsuit.
“This is a victory for free speech. Crisis pregnancy centers will continue to be able to operate while this case is being litigated without fear of being harassed or being shut down. We are confident that in the end the courts will side with common sense and the Constitution and ultimately overturn this outrageous law.
The people who volunteer at crisis pregnancy centers are simply exercising their First Amendment rights. The women seeking help from crisis pregnancy centers do so of their own volition. Crisis pregnancy centers are up front and honest about their mission and about their pro-life views. The only concern about the crisis pregnancy is not the volunteers who work at these clinics but the deranged pro-abortion lunatics who are setting off bombs at these clinics to intimidate pro-life people. Instead of denying the free speech rights of pro-life activists, Kwame Raoul should be focused on the mentally unstable pro-abortion advocates who believe their political world view provides just cause to commit violence against people with whom they disagree.”
The Illinois Freedom Caucus is comprised of State Representatives Chris Miller (R-Oakland), chairman; Blaine Wilhour (R-Beecher City), vice-chairman; Adam Niemerg (R-Dieterich); Brad Halbrook (R-Shelbyville); Dan Caulkins (R-Decatur); Jed Davis (R-Newark) and David Friess (R-Red Bud). The members of the Illinois Freedom Caucus are members of the Illinois General Assembly who are advocating for limited government, lower taxes and accountability and integrity in government.
posted by Rich Miller
Friday, Aug 4, 23 @ 9:16 am
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Is it me or does it seem like more and more of our political battles are being fought in the courts?
Comment by Hannibal Lecter Friday, Aug 4, 23 @ 9:20 am
Gee, thanks, Senators
https://www.durbin.senate.gov/newsroom/press-releases/durbin-duckworth-statement-on-nominations-of-david-dugan-iain-johnston-franklin-valderrama-to-serve-as-us-district-judges
Comment by Stephanie Kollmann Friday, Aug 4, 23 @ 9:23 am
“Deception is free speech”. It’s a bold strategy, Cotton; let’s see how they do. This one is going to come down to the politics of the last judge to hear it. While the fake clinic folks do have free speech rights, I’m not sure they have the right to be outright medical con men. I’m not against organizations that actually support pregnant mom’s and their babies. I just think they should be honest about their alternative. And right now they are not.
Comment by Give Us Barabbas Friday, Aug 4, 23 @ 9:27 am
Not surprised that a Trump judge thinks there is a First Amendment right to defraud people.
Wish there was a copy of the Order attached to the RRStar article.
Comment by hisgirlfriday Friday, Aug 4, 23 @ 9:30 am
Johnston is a Federalist Society judge, so this decision is not a surprise. Will be interesting to see if Kwame and the reproductive rights advocates take it to the 7th Circuit Court of Appeals or instead go back to the legislature and try a scaled-back approach. They can pass pretty much whatever they want in the GA, the federal court system is a decidedly different environment. A law more narrowly focused on medical licensing might stand a fighting chance in federal court. Emphasis on “might.”
Comment by TNR Friday, Aug 4, 23 @ 9:34 am
It’s easy to attack Durbin and Duckworth now but you have to go back and put yourself in their shoes. Did the judges have a bad record on repro rights? Did repro rights groups oppose them? Were the alternative candidates worse?
Comment by Torco Sign Friday, Aug 4, 23 @ 9:50 am
The Governor was on CNN this morning and discussed this topic at length. I am sorry but I do not know how to pull it up.
Comment by DEE Friday, Aug 4, 23 @ 9:57 am
===Is it me or does it seem like more and more of our political battles are being fought in the courts? ===
The GOP is in the super-minority in both chambers and we have a Democratic governor. Courts are their only avenue.
Comment by Rich Miller Friday, Aug 4, 23 @ 10:24 am
Gee, thanks, Senators
One can disagree with any judicial ruling. Good to remember that he had a very good track record prior to his nomination. Also, Johnston passed the committee and Senate voted by a wide margin, with plenty of Dem votes …
https://ballotpedia.org/Iain_D._Johnston
Comment by Donnie Elgin Friday, Aug 4, 23 @ 10:25 am
==blatantly a violation of the First Amendment==
There’s a difference between a man standing on a milk crate touting his skills as a ‘pregnancy specialist’ and someone who opens a (pseudo-) clinic next to a planned parenthood
Comment by Jocko Friday, Aug 4, 23 @ 10:32 am
–we implore members of the media to ask probing questions[…]–
gooooood luck with that.
I’m sure my local Shaw paper, which has become an arm of the local diocese through unstated advertisements, is going to ask such questions in their reporting - if they even report on it at all.
Comment by TheInvisibleMan Friday, Aug 4, 23 @ 10:34 am
Odd that the Judge called out what he thinks the AG’s personal feelings are on this. The legislature passed the law. The Governor signed it. Now that the law is being challenged in court, it is the AG’s job to defend it. So why is the AG’s feelings on this relevant? Lawyers often times advocate for positions they may not agree with personally, surely the Judge knows that.
I also read this in the article:
“After the law passed, [plaintiff] said the number of prayer vigil attendees dropped to about 30 people and greatly reduced the number of sidewalk counselors. ‘It’s going to stop us from offering mothers a choice’, [plaintiff] said.” I guess one can call them “pro-choice” then.
Comment by Henry Francis Friday, Aug 4, 23 @ 10:44 am
I understand how judicial nominations work.
I also know other blue state senators made different choices regarding election-year vacancies.
https://rollcall.com/2020/02/11/gop-senators-want-to-confirm-more-judges-that-could-mean-working-with-democrats/
Comment by Stephanie Kollmann Friday, Aug 4, 23 @ 10:49 am
Keep in mind that Mitch McConnell readily admits the goal of the exercise for him has been to ensure the federal judiciary has judges that outlast any election, presidency, “decades”
He wrote it down.
Personal feelings by the judge aside, the way to ensure a judicial reflective of the populace while ruling constitutionally is to “vote accordingly”… and hope that heroes like Ruth Bader Ginsburg recognize that staying too long has long term effects, and not just on their legacy.
Comment by Oswego Willy Friday, Aug 4, 23 @ 10:53 am
I point this out because, assuming IL has a contested D primary for US Senator, it may be worth asking candidates to pledge not to return blue slips for certain types of judicial nominees
Comment by Stephanie Kollmann Friday, Aug 4, 23 @ 10:54 am
I’ve asked it before and I’ll ask it again.
Why do “xtians” feel it necessary to force their “Lifestyle Choice” on others?
Comment by Jerry Friday, Aug 4, 23 @ 11:03 am
“Odd that the Judge called out what he thinks the AG’s personal feelings are on this. The legislature passed the law. The Governor signed it. Now that the law is being challenged in court, it is the AG’s job to defend it. So why is the AG’s feelings on this relevant? Lawyers often times advocate for positions they may not agree with personally, surely the Judge knows that.”
Have you not read what the AG has said about the law and specifically about crisis pregnancy centers? He doesn’t appear personally ambivalent on the subject.
Comment by ESR Friday, Aug 4, 23 @ 11:22 am
–Why do “xtians” feel it necessary–
Because a book tells them to. Seriously, you should read it. All of this makes much more sense.
Which, coincidentally, is why many of them have such a problem with many other books. They think that’s how books work, by people blindly obeying whatever is contained in them.
If you have a mindset that a book can dictate you how to live, then it follows that other people must be forced to live by what is in other books. The only way to prevent that - is to ban the questionable book.
Comment by TheInvisibleMan Friday, Aug 4, 23 @ 11:23 am
From the Thomas Moore Society website:
“a new law that declares pro-life speech to be a “deceptive business practice.”
The plaintiffs claim the law chills free speech, but I’d say extremist scaremongering is doing that job.
Comment by Twitter cat lady Friday, Aug 4, 23 @ 11:44 am
===Have you not read what the AG has said about the law and specifically about crisis pregnancy centers? He doesn’t appear personally ambivalent on the subject.===
He’s not the judge.
===Code of Conduct for United States Judges;
…
COMMENTARY
Deference to the judgments and rulings of courts depends on public confidence in the integrity and independence of judges. The integrity and independence of judges depend in turn on their acting without fear or favor. Although judges should be independent, they must comply with the law and should comply with this Code. Adherence to this responsibility helps to maintain public confidence in the impartiality of the judiciary. Conversely, violation of this Code diminishes public confidence in the judiciary and injures our system of government under law.===
Keep up, please.
Comment by Oswego Willy Friday, Aug 4, 23 @ 11:47 am
==“Deception is free speech”. It’s a bold strategy, Cotton; let’s see how they do.==
This is also Trump’s defense; so, it’s on-brand.
That said, most of the legal experts that have been discussing Trump’s “free speech” defense have pointed out that when deception becomes fraud, a legal line is crossed.
Comment by Pot calling kettle Friday, Aug 4, 23 @ 11:49 am
ESR - read what I wrote.
I didn’t claim that the Judge misstated Kwame’s personal feelings. I questioned how that was relevant to the Judge’s role in determining the law’s constitutionality.
Comment by Henry Francis Friday, Aug 4, 23 @ 11:58 am
Perhaps another vantage point is that when you have ONE Party rule- the courts are the only available check and balance. Anyone who didn’t anticipate this outcome isn’t familiar with the US constitution
Comment by Sue Friday, Aug 4, 23 @ 12:57 pm
I’m not sure the examples provided are helpful to their cause. I thought the issue was one of getting people into their clinics under false premises where they are then misinformed or harassed.
Comment by Norseman Friday, Aug 4, 23 @ 1:21 pm
=“There’s no doubt who the Attorney General wants to win or lose in the market place of ideas, but the government doesn’t get to decide that. The people do.”=
Raoul’s personal view of the law is irrelevant. The job of the AG is to advocate for the state which is what is happening here. No different than a criminal defense attorney advocating for the innocence of his client even if he personally believes he’s guilty.
Comment by Pundent Friday, Aug 4, 23 @ 1:29 pm
You’re absolutely right Pundent. There must be a gazillion episodes in the Law and Order universe that demonstrate that point. Thank you.
Comment by Jerry Friday, Aug 4, 23 @ 2:00 pm
== isn’t familiar with the US constitution==
Thank you Justice Sue for your constitutional expertise. What would we do without you?
Comment by Demoralized Friday, Aug 4, 23 @ 2:24 pm
The First Amendment allows you to lie. I mean, we’ve got an ex-President who’s entire defense is based on that argument.
Comment by Demoralized Friday, Aug 4, 23 @ 2:26 pm
===“The bill is painfully and blatantly a violation of the First Amendment,” Judge Iain Johnston said Thursday in federal court in Rockford.===
Oddly enough former GOP Appointed US Attorney General William Barr made a pretty good statement about how the 1st amendment isn’t a catch all for saying whatever you want to whoever you want about whatever you want.
Sure, you can lie to people. But what you’re lying about constitutes whether or not a crime has been committed.
This statute doesn’t restrict the 1st amendment any more than any other consumer protection does.
If the people that operate these centers believe that they need to lie and manipulate women in order to function then it’s a perfect example of why this law was necessary.
Comment by Candy Dogood Friday, Aug 4, 23 @ 3:12 pm
===obtained his J.D. from The John Marshall Law School===
I guess this does offer an explanation for how he would believe this law is a violation of the 1st Amendment. This toon is going to try to perform the leg work to suggest it’s not a conspiracy, it’s just free speech to the US Supreme Court.
Comment by Candy Dogood Friday, Aug 4, 23 @ 3:17 pm