Capitol Fax.com - Your Illinois News Radar » Roundup: Judge protects crisis pregnancy centers from Illinois’ Consumer Fraud and Deceptive Business Practices Act
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Roundup: Judge protects crisis pregnancy centers from Illinois’ Consumer Fraud and Deceptive Business Practices Act

Monday, Aug 7, 2023 - Posted by Isabel Miller

* Hannah Meisel for Capitol News Illinois

A new law allowing Illinoisans to sue so-called crisis pregnancy centers under the state’s Consumer Fraud and Deceptive Business Practices Act is on hold after a federal judge late Thursday granted a preliminary injunction against it.

After a lengthy hearing in his Rockford courtroom, Judge Iain Johnston issued a brief oral ruling on Thursday evening, saying the law violated the First Amendment. Nearly 24 hours later, Johnston on Friday filed a 14-page order explaining the preliminary injunction, which began by recalling a joke told by the late conservative U.S. Supreme Court Justice Antonin Scalia.

“Justice Scalia once said that he wished all federal judges were given a stamp that read ‘stupid but constitutional,’” Johnston wrote. “SB 1909 is both stupid and very likely unconstitutional.”

Johnston, who was appointed by former President Donald Trump in 2020, went on to characterize the law as “likely classic content and viewpoint discrimination prohibited by the First Amendment.”

Read the ruling by clicking here.

* Crain’s

The law, signed by Gov. J.B. Pritzker last week, was challenged by the National Institute of Family & Life Advocates, Women’s Help Services (doing business as 1st Way Life Center and Focus Women’s Center), Rockford Family Initiative, Relevant Pregnancy Options Center and Pro-life Action League. […]

In the motion, the anti-abortion groups argue that the Illinois law violates First Amendment protection of speech because it “goes far beyond traditional restrictions on deceptive business practices, in part by stating in its express legislative intent that it unapologetically targets alleged pro-life ‘misinformation’ — that is, controverted facts about abortion that the Illinois General Assembly majority believes are not among the ‘orthodox’ views on the subject.”

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.

* Sun-Times

Pritzker said he’s confident the law will ultimately be upheld.

“I’m disappointed that the far right is interfering with the ability for women to access safe medical care without deception or lies,” Pritzker said in a statement. “This law is constitutional, and I am confident that the law will ultimately be found constitutional and we’ll continue to work alongside Attorney General Raoul to ensure Illinois patients are protected from misinformation.”

Johnston heard more than four hours of testimony from anti-abortion advocates during an emergency hearing Thursday afternoon. They said the law has threatened their rights to free speech and expression and their ability to distribute literature that identifies alternatives to abortion.

* WIFR

During Thursday’s hearing, the plaintiffs presented four witnesses to the stand, where the defendant had none. Those testifying included Anne O’Connor, vice president of legal affairs for NIFLA; Judy Cocks, executive director of Women’s Health Services; Kevin Rilott, director of the Rockford Family Initiative; and Matt Yonke, communications director for the Pro-Life Action League.

During the courts final moments, Judge Johnston said he thought it was “crazy” that Raoul was not stopped while creating the bill.

The state is expected to appeal the ruling. The plaintiffs said they will continue to fight for their side of the debate, no matter how high the case goes in the federal court process.

* More…

       

7 Comments
  1. - TheInvisibleMan - Monday, Aug 7, 23 @ 9:58 am:

    Reading through the text of the ruling, this judge seems to be a student of judge McHaney.

    It starts out with a joke, which seems appropriate based on the ‘reasoning’ which follows.

    Also, this judge *really* does not seem to like Raul for some reason, at a personal level.


  2. - H-W - Monday, Aug 7, 23 @ 10:04 am:

    Pregnancy is not an equivalence of speech.

    Pregnancy is a concrete, physical reality, to which science applies. Such facts are not subject to transformative interpretation. They are immutable. Speech is a mental interpretation of both real and imagined phenomena. Those interpretations are not tangible, real phenomena. Speech represents theoretical treatises that can be both true and false, due to the absence of complete knowledge.

    Speech is not an equivalence of pregnancy. If it were, wishing for a boy or a girl would determine the biological sex of a zygote. We cannot and should not allow intangible, incomplete, unproven, and non-demonstrable theories of biological certainties to regulate those certainties. Such is the subject matter of scientists, not theologians and philosophers.

    Theorists cannot become the sole arbiters of science, reality, nor women’s health matters. Such is nature of tautology, not truths. Pregnancy is a biological matter, best left to the scientists, and the pregnant.


  3. - Google Is Your Friend - Monday, Aug 7, 23 @ 10:18 am:

    ==During the courts final moments, Judge Johnston said he thought it was “crazy” that Raoul was not stopped while creating the bill.==

    Pretty concerning that a judge apparently doesn’t know the difference between branches of government.


  4. - Jocko - Monday, Aug 7, 23 @ 11:04 am:

    ==Obviously, because of their nature and
    purpose, they don’t offer information or resources about abortions.==

    Then why do their flyers talk about ‘post abortion syndrome’ or abortions increasing their risk of breast cancer and/or infertility?


  5. - Louis G Atsaves - Monday, Aug 7, 23 @ 11:08 am:

    “Federal courts are “deeply skeptical of laws that distinguish among different speakers, allowing speech by some but not others.”

    and: “Content-based regulations “target speech based on its communicative content-are presumptively unconstitutional,” and subject to strict scrutiny which “may be justified only if the government proves that they are narrowly tailored to serve compelling state interests.”

    and: “The principal inquiry in determining content neutrality is “whether the government has adopted a regulation of speech because of disagreement with the message it conveys.”
    and: “The government’s purpose is the controlling consideration.”

    and: “In contrast, abortion providers are not subject to civil penalties. In the same vein, Plaintiffs are subject to civil penalties for omitting “material facts” but abortion providers are not.”

    The court felt this was not commercial speech being regulated, it was not professional speech and was critical of the AG for pushing this bill through and soliciting sponsors through the legislature.

    Seems to be plenty of case law to support this decision.

    I am not sure that the criticism of AG Raoul is as justified as the court claims. Yet he is “government” as defined by the case law cited by the judge.


  6. - H-W - Monday, Aug 7, 23 @ 11:46 am:

    @ Louis G

    I’ll give you the strict scrutiny argument, but that’s all. The problem I see with the conservative opinion on that one is that it is premised around allowing harm. I oppose the latter and suggest the “rule of law” on such matters should be “do no harm; where possible, do good.”


  7. - yinn - Monday, Aug 7, 23 @ 12:20 pm:

    ==“likely classic content and viewpoint discrimination prohibited by the First Amendment.”==

    Speech is a part of transacting all business. The law “discriminates” only against that which serves fraudulent conduct, which can be fairly readily separated from statements of religious belief and other protected speech.


Sorry, comments for this post are now closed.


* Showcasing The Retailers Who Make Illinois Work
* Reader comments closed for the holidays
* And the winners are…
* SUBSCRIBERS ONLY - Update to previous editions
* Isabel’s afternoon roundup
* Report: Far-right Illinois billionaires may have skirted immigration rules
* Question of the day: Golden Horseshoe Awards (Updated)
* Energy Storage Brings Cheaper Electricity, Greater Reliability
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
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

Syndication

RSS Feed 2.0
Comments RSS 2.0




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