Lawyers from the Thomas More Society are requesting that the Illinois Supreme Court block a state law calling for taxpayer funding of abortions for those who receive Medicaid.
The December 17, 2018 filing on on behalf of hundreds of thousands of taxpayers in Illinois, the financing for the law goes against the state constitution’s balanced budget obligation. In September 2018, a court of appeals supported the adjournment of a lawsuit against the funding for the law, which was formerly known as “House Bill 40.”
Thomas More Society Special Counsel Peter Breen had this to say: “The decisions of the lower courts effectively write our balanced budget requirement out of the Illinois Constitution. We’re asking the Illinois Supreme Court to interpret and enforce the constitution and protect taxpayers against future unbalanced budget spending, including the unfunded spending for elective abortions required by House Bill 40.”
Breen noted that, although House Bill 40 was authentic in its legislation, funding was not given validly, and its effective date was determined in a way that was incorrect. The petition claims numerous problems with the new law, including that House Bill 40:
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Lacks legal funding, as the General Assembly has not yet made the approximate calculation of usable revenues to finance the abortions, as needed by the Illinois Constitution.
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Fails to cite the political question doctrine, a limited doctrine where courts refuse to hear issues due to their of their political character.
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Was enacted following the deadline set for an early active date by the Illinois Constitution and Effective Date of Laws Act.
Read background on HB 40 and the lawsuit against Illinois officials here.
Read the Petition to Appeal filed by Thomas More Attorneys on December 17, 2018, with the Illinois Supreme Court in Springfield Right to Life et al v. Norwood et al here.
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