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* Thomas More Society in August…
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.”
* From the judge’s injunction…
In reality, SB1909 reduces the ability of pregnant women to receive information necessary to make an “autonomous” and “informed” decision. Instead of that autonomous decision, SB1909 would cabin a pregnant woman’s decision-making process by allowing only the limited data approved by the state, instead of allowing her to hear both sides’ advocacy and information before making an abortion decision.
The bill was essentially written by Attorney General Kwame Raoul and was based on a Connecticut law which had withstood judicial scrutiny. Raoul was its top advocate…
Attorney General Kwame Raoul, whose office pushed for the law during the General Assembly’s spring legislative session, has often told the story of a visit to an abortion clinic where his driver was stopped by CPC volunteers who carried clip boards and attempted to divert him from going into the facility, instead saying they needed to check him in first.
A spokesperson for Raoul’s office did not return a request for comment Friday, but last week he told reporters that he was “confident” the law would be upheld in court.
* Well, here’s AG Raoul today…
Attorney General Kwame Raoul issued the following statement in the case of National Institute of Family and Life Advocates et al. v. Kwame Raoul. Raoul’s office filed a proposed agreed order in the U.S. District Court for the Northern District of Illinois Western Division.
“As filed, this proposed order is agreed to by the parties in this case and in no way affects my ongoing work protecting women’s rights to access the full range of reproductive health services. Furthermore, this proposed order does not alter Illinois’ Consumer Fraud and Deceptive Practices Act or my office’s preexisting authority under the act, and I remain committed to protecting consumers against all deceptive practices.
“Patients in Illinois can be assured that as states continue to enact draconian restrictions on access to reproductive health care, I will not waver in my efforts to ensure that Illinois remains an oasis of reproductive freedom in the middle of our nation.”
The proposed order wasn’t included in the release. It won’t actually be filed with the court until tomorrow. But I’ve talked with some pro-choice people this evening who are quite unhappy with this turn of events. Expect reactions tomorrow.
…Adding…. Apparently the AG will agree not to pursue legal claims under the new law, but reserves the right to legally challenge under the state’s Consumer Fraud law, which he believes covers the topic. That begs the question of why he pushed so hard and expended the political capital to pass this new law in the first place.
posted by Rich Miller
Monday, Dec 11, 23 @ 8:59 pm
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I can only guess that in the aftermath of NIFLA v. Becerra (2018) followed by the establishment of a 6-3 court created specifically to regulate and limit access to abortion services, Mr. Raoul is simply reading the tea leaves properly. Can’t wait to learn more.
Comment by H-W Monday, Dec 11, 23 @ 10:07 pm