Capitol - Your Illinois News Radar » Yet another appeal filed over HB40
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
To subscribe to Capitol Fax, click here.
Yet another appeal filed over HB40

Wednesday, Dec 19, 2018 - Posted by Rich Miller

* Press release…

Attorneys from the Thomas More Society are appealing to the Illinois Supreme Court to stop a state law requiring taxpayer funding of abortions for Medicaid recipients. According to the December 17, 2018, filing on behalf of hundreds of thousands of Illinois taxpayers, the funding for the law violates the state constitution’s balanced budget requirement. In September 2018, an appellate court upheld the dismissal of a lawsuit against the funding for the law, previously known as “House Bill 40.”

Peter Breen, Thomas More Society Special Counsel, stated, “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 said that, while House Bill 40 was validly enacted, funding was not validly provided, and its effective date was improperly determined. The petition alleges several issues with the new law, including that House Bill 40:

    · Has not been legally funded, because the General Assembly has not made the estimate of available revenues to pay for the abortions, as required by the Illinois Constitution.
    · Does not implicate the political question doctrine, a limited doctrine where courts decline to hear issues because of their politically character.
    · Was passed after the deadline set for an early effective date by the Illinois Constitution and Effective Date of Laws Act.

* Brian Mackey

“The lower court decisions read that requirement out of the Constitution altogether,” Breen says. “That is the only protection taxpayers have that they would get a balanced budget.”

Indeed those judges basically said the anti-abortion groups are over-reading the balanced budget language in the Illinois Constitution. They also said the dispute is a political question, and thus should be settled in the legislature.

* From the appellate opinion

While the language of the constitution certainly seems to anticipate some estimate, absent is language imposing an obligation on the General Assembly to develop a revenue estimate. Plaintiffs argue that reading the language of the COGFA Act in conjunction with the constitution imposes such a duty. In reading the language of the COGFA Act into the constitution, plaintiffs skip an important step. Without a constitutional requirement of an estimate, there can be no legitimate probe into whether the General Assembly complied with that nonexistent requirement. […]

Under the constitution, the General Assembly must simply refrain from appropriating beyond funds estimated by the General Assembly to be available during the year. There exists no requirement that the General Assembly itemize appropriations for specific services. In this circumstance, the circuit court had no way to determine if the General Assembly properly appropriated funds specifically to cover services under HB 40. […]

Therefore, because the COGFA Act does not state that legislative appropriations are invalid if there is a failure to comply with section 4(a) or that legislative appropriations are valid only if the General Assembly follows section 4(a), we conclude the statutory provision is directory. […]

We agree with the circuit court that the filing of a motion to reconsider and withdrawal of that motion did not constitute a final legislative act changing the passage date of the bill.

I wouldn’t bet too much money on the likelihood of this new move’s success. That petition is here.

* Illinois News Network

Abortion rights group Personal PAC CEO Terry Cosgrove said he was confident that the law would be upheld.

“This is a desperate attempt from right-wingers to put the lives of Illinois women at risk by trying to make abortion illegal and unsafe,” he said.

The law allowed for women who meet certain income requirements to qualify for an abortion assisted by Medicaid funds. It also allowed state health care plans to cover the procedures.

Illinois taxpayers paid for nearly four times more abortions in the first six months of 2018 than the year before. There were 84 abortion reimbursement requests in the first six months of 2017. During the same six-month period this year, there were 314 abortion reimbursement requests, a 247-percent increase, according to records from the Illinois Department of Health and Family Services.

The case was appealed directly to the Illinois Supreme Court, but the court didn’t take it up at that time.


  1. - @misterjayem - Wednesday, Dec 19, 18 @ 2:40 pm:

    R̶e̶p̶.̶ Peter Breen has a lot of free time these days

    – MrJM

  2. - Demoralized - Wednesday, Dec 19, 18 @ 2:40 pm:

    To accept their argument you have to believe that revenue has to be attached to each and every line item/program. That’s an absolutely absurd argument. They are grasping at straws. The court should laugh in their face trying to make that argument.

  3. - lakeside - Wednesday, Dec 19, 18 @ 2:47 pm:

    Imagine going to all this trouble when you could just leave women alone.

  4. - Norseman - Wednesday, Dec 19, 18 @ 2:58 pm:

    If you’ve got money to throw away, you might as well throw it away with style.

  5. - Oswego Willy - Wednesday, Dec 19, 18 @ 3:24 pm:

    Mr. Breen and his righteous indignation supported Bruce Rauner in his re-elect, after Rauner signed HB40, ave Breen burned his ships with Rauner.

    How can I take Mr. Breen at all serious with such a whimsical way Mr. Breen treats those who sign… HB40.

    Mr. Breen is only relevant to those who stand for something, but can be talked out of their own beliefs for politics.

  6. - Anonymous - Wednesday, Dec 19, 18 @ 5:41 pm:

    Much cheaper to fund an aboerythan unwanted people.

  7. - Union Thug Gramma - Wednesday, Dec 19, 18 @ 7:58 pm:

    another white male who sort of looks incel trying to ensure that women have no reproductive rights…dude, you were voted out cuz of your views…don’t you get it?

Sorry, comments for this post are now closed.

* Reader comments closed for the weekend
* After being charged with grooming and possessing images depicting child sexual abuse, Nicholas Kachiroubas to be ousted from ICCB (Updated)
* Isabel’s afternoon roundup
* You reap what you sow
* Coverage roundup: US Supreme Court upholds domestic violence gun law (Updated x2)
* US Attorney's office files blistering motion supporting Haymarket Center's discrimination lawsuit against Itasca (Updated)
* Uber Partners With Cities To Expand Urban Transportation
* It’s just a bill
* Stop Illinois From Making Credit Cards Hard To Use
* Question of the day
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Yesterday's stories

Visit our advertisers...







Main Menu
Pundit rankings
Subscriber Content
Blagojevich Trial
Updated Posts

June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005


RSS Feed 2.0
Comments RSS 2.0

Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller