Judge rejects lawsuit seeking to block Illinois law that would expand taxpayer funding for abortions

A judge has rejected a lawsuit that was aimed at blocking a new legislation that would expand taxpayer funding of abortions in Illinois.

House Bill 40, which was signed into law by Gov. Bruce Rauner in September, would permit state health insurance and Medicaid to cover abortions. The Thomas More Society filed a lawsuit on behalf of several Republican lawmakers and pro-life advocates in an effort to prevent the law from going into effect on Jan. 1.

The plaintiffs sought an emergency injunction, temporary restraining order and preliminary injunction to delay the implementation of the law but Sangamon County Associate Judge Jennifer M. Ascher denied the motions on Thursday, Illinois News Network reported.

Thomas Moore Society special counsel Peter Breen said that his clients would appeal the ruling. "We respectfully disagree with the court's ruling and will seek an immediate appeal. The Illinois Constitution was clearly violated here," Breen remarked.

The lawsuit argued that the legislation violates the balanced budget requirements of the Illinois Constitution because the initiative has not been funded by the General Assembly. According to the state constitution, proposed expenditures "shall not exceed funds estimated to be available for the fiscal year as shown in the budget."

Asher, however, stated that the budget issue was a "political question for which I lack jurisdiction," adding that if she had granted an emergency injunction it "would result in a violation of the separation of powers. ... Legislative disputes must be resolved in the legislative arena."

"It is inherently a political question and I cannot mandate the process on the estimate of revenues or the appropriation of those revenues," the judge added.

The suit also contended that the Illinois Constitution mandates that the legislation approved by simple majorities after May 31 cannot be implemented until the following June 1. Both chambers of the General Assembly had passed the measure before May 31, but the Senate did not release it to the governor until Sept. 25.

The Attorney General's office contended that the dates when the votes took place were the only ones that mattered and Ascher agreed, ruling that the law could go into effect on Jan. 1.

When Rauner signed the bill in September, he drew the ire of Republicans and conservative groups, who accused him of breaking his promise to veto the bill.

Breen, who also is a Republican state representative from Lombard, said that the measure could cost taxpayers between $15 million and $30 million each year, but he noted that state payments for elective procedures will not be made for a few months as the appeal is heard.

"Even apart from the sincere moral objections that many folks have to paying for abortions, there is no money in the Illinois state budget to pay for them," he said in a statement posted on the Thomas More Society website.