* More background is here if you need it. Tribune…
The state would drop enforcement of a new law Gov. J.B. Pritzker and legislative backers said was aimed at deterring deceptive practices by anti-abortion pregnancy centers under a proposed agreement between the Illinois attorney general’s office and several organizations that challenged the measure.
A federal judge in August temporarily blocked the law from being enforced in a scathing opinion that called it “both stupid and very likely unconstitutional.”
If finalized and signed by a federal judge, the agreement to make the judge’s decision permanent would mark a rare victory for anti-abortion groups in a deep blue state with some of the nation’s strongest reproductive rights laws, and a blow to Pritzker, who signed the measure into law last summer and who has promoted Illinois as a national beacon for abortion rights.
* The proposed agreed order…
It is hereby ORDERED that Defendant Kwame Raoul, in his official capacity as Attorney General of the State of Illinois, and those persons identified in Rule 65(d)(2), specifically, Illinois Attorney General Raoul’s officers, agents, servants, employees, and attorneys, all in their official capacities, as well as other persons who are in active concert or participation with those persons are permanently enjoined from enforcing the amendments to the Consumer Fraud and Deceptive Business Practices Act set forth in Senate Bill 1909 of the 103rd General Assembly, Public Act 103-0270, against Plaintiffs National Institute of Family and Life Advocates and its 81 Illinois members; Women’s Help Services d/b/a 1st Way Life Center & Focus Women’s Center; Rockford Family Initiative; Relevant Pregnancy Options Center; and Pro-Life Action League
Emphasis added.
* Thomas More Society press release…
Pro-Life Ministries Victorious Against State of Illinois’ Attack on Pregnancy Centers
Illinois Attorney General Kwame Raoul has agreed to an order permanently prohibiting the State of Illinois from enforcing a law that declared pro-life speech to be a “deceptive business practice” and defined as “consumer fraud” the sharing of certain information about the risks of abortion. Thomas More Society attorneys today filed, together with the Attorney General, a Joint Motion to Enter an Agreed Order, imposing a Permanent Injunction on the Attorney General. The Joint Motion was filed in the United States District Court for the Northern District of Illinois, for the signature of U.S. District Judge Iain D. Johnston.
In July, Thomas More Society attorneys sued the Attorney General over the law—known as Senate Bill 1909, or SB 1909—representing the pregnancy center umbrella group National Institute of Family and Life Advocates (NIFLA), along with Illinois pregnancy centers Women’s Help Services and Relevant Pregnancy Options Center, and sidewalk counseling organizations Pro-Life Action League and Rockford Family Initiative. The Agreed Order provides for a full recovery of attorney’s fees by Thomas More Society.
Peter Breen, Thomas More Society Executive Vice President & Head of Litigation, who served as lead counsel for NIFLA and the other plaintiffs, hailed the victory as a significant win for pro-life ministries and free speech in Illinois—which will also serve as a warning to other states across the country that attempt to target pro-life ministries with discriminatory laws.
“The federal court was spot on in holding that SB 1909 is ‘both stupid and very likely unconstitutional,’” stated Breen, recalling Johnston’s preliminary injunction order. “SB 1909 exempts abortion facilities and their speech, while exclusively regulating pro-life organizations and their speech, in flagrant violation of the First Amendment. This law is just one of a number of illegal new laws enacted across the country that restrict pro-life speech—we hope this permanent injunction, with full attorney’s fees, serves as a warning to other states that would seek to follow Illinois and try to silence pro-life viewpoints. We are honored to represent NIFLA and other life-affirming organizations to protect them from unjust laws like SB 1909 that seek to put a halt to their good work.”
Thomas Glessner, Founder and President of NIFLA, stated: “We are elated that a permanent injunction has been issued against Illinois Attorney General Kwame Raoul and SB 1909, which ensures this unconstitutional law will never go into effect. This is a huge win not only for NIFLA and our wonderful attorneys at the Thomas More Society but especially for pregnancy centers in the state, who serve the thousands of women in Illinois who are facing unplanned pregnancies—all at no cost. SB 1909 was an absolute weaponization of government that unfairly and unconstitutionally targeted pregnancy centers simply because they refused to refer for or perform abortions. Let this be a stern example of what awaits those who attempting to pass and enforce similar laws—look to Illinois and save taxpayer dollars for actually helping their communities instead of going after organizations that help women and their families.”
The Joint Motion follows an August 3, 2023, preliminary injunction entered by Johnston, which blocked Illinois’ enforcement of SB 1909. That court order was issued one week after Illinois enacted SB 1909. Thomas More Society attorneys filed the lawsuit against SB 1909 one hour after the law was signed.
* Personal PAC CEO Sarah Garza Resnick…
While we would have liked to see the Deceptive Practices of Limited Services Pregnancy Centers Act take full effect, we have full confidence that Attorney General Raoul will continue to investigate and hold bad actors accountable to the existing Illinois’ Consumer Fraud and Deceptive Practices Act. The lawsuit brought by the Thomas More Society is yet another example of extreme right wing groups trying to push their anti-choice agenda by any means necessary.
What people in Illinois need to know about so-called “crisis-pregnancy centers” (CPCs) is that they are run with the express purpose of preventing as many people from obtaining abortions as possible. They use a wide range of tactics to achieve this end, from simply setting up shop next to abortion providers so as to confuse and mislead patients, to actively deceiving the people who walk through their doors with regards to their private medical details, such as how far along a pregnancy is. CPCs outnumber abortion providers in Illinois 3-to-1, and they are putting pregnant people at risk. Where CPCs are using deceptive or fraudulent practices to achieve their stated goal of preventing abortions, they must be held accountable.
Apparently, the AG’s office has told folks on his side that he can use existing state consumer fraud laws against the clinics. But, if that’s the case, why spend the political capital to pass a bill and go through all this? This was his legislative initiative, after all.
* Jennifer Welch, President and CEO of Planned Parenthood Illinois Action…
“All people should have equitable access to the reproductive health care they need and deserve. Planned Parenthood of Illinois stands by its patients ability to access reproductive health care including abortion, without being deceived, intimidated or misled. Planned Parenthood Illinois Action continues to fight for the rights of people to get the information they need to make a decision about reproductive health care that is best for their bodies, their lives and their future.”
I’ve reached out to others for comment. I’ll let you know.
*** UPDATE *** House sponsor Rep. Terra Costa Howard…
Today’s decision by the Illinois Attorney General to back off from the fight against so-called “crisis pregnancy centers” is a disappointing setback in our battle to protect every woman’s right to reproductive autonomy and freedom.
The decision whether to bear a child is one of the most profound and personal choices a person can make, and no one should try to interfere with that decision by using scare tactics or outright deception. By passing the Deceptive Practices of Limited Services Pregnancy Centers Act (SB 1909) into law, we empowered the Attorney General to hold these centers accountable if they use pressure tactics or provide misleading information to keep women from accessing abortion care.
As the House sponsor of this bill, I am heartbroken by the decision to back down on our promise to Illinois women that these deceptive centers and their staffs will face legal consequences if they tell lies or conceal important health information from the patients who walk through their doors. This settlement undoes so much hard work by so many advocates, organizations, and legislators, who stood together against the pressure tactics of these forced birth extremists.
This decision is especially painful given yesterday’s ruling by the Texas Supreme Court that denied Kate Cox’s right to end a doomed pregnancy and preserve her own health and fertility. Since the Dobb’s decision in 2022, Illinois has been a beacon of hope to American women across our country. So this move to dismantle SB1909 is a gut punch to millions of women beyond our state.
One last point: It is deeply unfortunate that these centers are trying to hide behind the First Amendment. Let us be clear: The First Amendment does not give a shady used-car salesman the right to lie to you about the mileage on a car. A scammer does not have the right to lie to you about a fraudulent investment. And a deceptive forced-birth zealot does not have the right to lie to you about your health, your medical choices, or your right to make your own decisions about your body and your life.
- Jocko - Tuesday, Dec 12, 23 @ 10:24 am:
==organizations that help women and their families.==
So long as they carry the fetus to term.
- Three Dimensional Checkers - Tuesday, Dec 12, 23 @ 10:30 am:
In my experience, anyone who uses the buzzword “silos” has a permanent problem with calling someone from another department or division and asking their opinion on an action they are about t to take.
- That Guy - Tuesday, Dec 12, 23 @ 10:30 am:
Forced Birther’s sure have stacked the courts. Unfortunate that IL can’t risk this reaching the Supreme Court’s desk, and expect a rational ruling.
- TheInvisibleMan - Tuesday, Dec 12, 23 @ 10:31 am:
“But, if that’s the case, why spend the political capital to pass a bill and go through all this?”
Because as we’ve seen nationally, nothing in existing law has a certainty it will be there tomorrow. Pushing in the desired direction is critical now more than ever, as nonchalance is how we arrived here in the first place.
I’m glad the AG made this push. Even in the absence of being able to enforce this, it still has done a good job of raising awareness of what is going on from the camp who wants to impose their religious views on the general population. That’s important in the bigger picture no matter the narrow outcome of the legislation.
- Demoralized - Tuesday, Dec 12, 23 @ 10:42 am:
==absolute weaponization of government==
It’s funny listening to an anti-abortion group talking about the weaponization of government when one need look no further than Texas and the recent abortion issue to see what the weaponization of government looks like. The Thomas More Society and those like them are a danger to women’s health.
- Amalia - Tuesday, Dec 12, 23 @ 10:48 am:
We see you, anti woman groups. And now we know that we have to list you and put you on blast. Thanks for reminding us that we have agency and we can act for the good of women’s agency.
- Lurker - Tuesday, Dec 12, 23 @ 10:49 am:
“What people in Illinois need to know about so-called “crisis-pregnancy centers” (CPCs) is that they are run with the express purpose of preventing as many people from obtaining abortions as possible.”
Yes, and clearly that is not illegal. If you do not like that others are not informed of this fact, inform them. But these anti-abortion people believe they are on a higher calling of saving lives. If you do not like their message, intervene with your message.
- Demoralized - Tuesday, Dec 12, 23 @ 10:55 am:
==intervene with your message==
And that message should be to avoid those places at all costs because they are dishonest and anti-women’s health.
- Stephanie Kollmann - Tuesday, Dec 12, 23 @ 10:58 am:
What the law actually said:
If you aim to serve people who are pregnant and do not offer or refer to abortion services and are unlicensed as a medical provider, you cannot give clients false information or omit material information.
It’s interesting that Breen and his ilk now claim to have an issue with applying different standards to licensed abortion providers and unlicensed non-providers, given the slew of (onerous and extraneous) regulations the anti-choice lobby attempts to impose on abortion providers’ licensure.
As interesting as the fact that the burden to not lie and conceal information was so scary for them.
- uialum - Tuesday, Dec 12, 23 @ 11:04 am:
Why did Kwame Raoul get this law passed? He saw all the press Alexi has been getting and didn’t want to be left behind.
Odd that the AG’s office hasn’t commented yet but maybe an expert can say if there’s a legal reason and they can’t say anything until the judge signs off?
- Donnie Elgin - Tuesday, Dec 12, 23 @ 11:14 am:
“Apparently, the AG’s office has told folks on his side that he can use existing state consumer fraud laws against the clinics”
AG Kwame Raoul can try to save face all he wants but the oder has some strong language…
It is further ORDERED that this action is dismissed with prejudice; It is further ORDERED that this Court shall retain jurisdiction over this action for purposes of implementing and enforcing the final judgment; and It is further ORDERED that Plaintiffs may file a motion seeking the costs of litigation, including reasonable attorneys’ fees and expenses, under 42 U.S.C. § 1988, within 30 days of the entry of this Order. It is so ORDERED.
- Duck Duck Goose - Tuesday, Dec 12, 23 @ 11:31 am:
A religious organization sued to protect the ability to lie to people. Neither the “Christians” nor our legal system come out of this looking particularly good.
- ESR - Tuesday, Dec 12, 23 @ 11:36 am:
“While we would have liked to see the Deceptive Practices of Limited Services Pregnancy Centers Act take full effect…”
Take full effect? You mean take effect at all. It isn’t as if the law was just partially blocked or limited in scope. The whole enchilada is null and void.
“why spend the political capital to pass a bill and go through all this?”
Virtue signaling.
- Rich Miller - Tuesday, Dec 12, 23 @ 11:43 am:
===The whole enchilada is null and void===
It is essentially now. But not before now.
- Rudy’s teeth - Tuesday, Dec 12, 23 @ 11:58 am:
If only the Suits at the Thomas More Society would focus on identifying and removing pedophiles lurking in parishes.
The machinations and policies of the Thomas More Society are designed to remove a woman’s choice regarding health care.
- Soccermom - Tuesday, Dec 12, 23 @ 12:00 pm:
ESR — If all they had wanted to do was “virtue signaling,” they could have gone after these clinics under existing consumer fraud laws.
- Give Us Barabbas - Tuesday, Dec 12, 23 @ 12:05 pm:
For now we have to fight them with information campaigns. If they hadn’t already thought of it, some pro choice donors should pay Google for a high results placement for a warning about the fake Pregnancy centers, so women doing a search for clinics will see that warning up front.
- Soccermom - Tuesday, Dec 12, 23 @ 12:13 pm:
Okay. You need to understand that when Soccerdad was courting me, one of his friends tried to assist him in his wooing by telling me, “You know, Soccerdad really loves the First Amendment.” That’s how I feel about 1A.
So it INFURIATES me that these slimeballs are distorting the First Amendment to say that it protects outright lies. If you want to tell a woman that abortion is immoral, be my guest. But lying to her about how many weeks pregnant she is, or telling her that an ectopic pregnancy is viable — nope, those are flat-out lies and are not protected speech. Full stop.
- low level - Tuesday, Dec 12, 23 @ 12:41 pm:
==A human life begins at conception, that my friends is not a lie it is a scientific fact==
I agree w your statement but the problem is once the child is born you expect them to pull themselves up by their bootstraps. That, my friend, is where you lose credibility and is why I left the pro life movement.
- Who else - Tuesday, Dec 12, 23 @ 12:44 pm:
My personal feelings are completely aligned with Soccermom’s. And I feel abandoned by the AG in this.
These first amendment crusaders are interested in their maintaining their ability to con women using words they’ve managed to talking point their way into being protected by the constitution. They are literally conning their way into women’s vaginas via transvaginal ultrasounds that are not medically necessary.
The state of being and remaining pregnant is not the ultimate achievement for women. We have a few other things going and making our bodies temples for men to control is not the ultimate goal for most of us. For anyone who’s ever been guilted or worse because of fertility-and pregnancy-related decisions, this AG move is a punch to the gut.
- H-W - Tuesday, Dec 12, 23 @ 12:53 pm:
Well stated, Rep. Costa Howard. I am sorry for all women, and women in Illinois who may be required to hear lies and misleading claims about abortion. These practices are the hallmark of toxic masculinity as a means for oppression.
I am grateful for your bill. It represents justice and righteousness, even if preserving the rights of some anti-abortionists to speak half truths and lies has prevailed in this instance. Thank you for your service.
- Duck Duck Goose - Tuesday, Dec 12, 23 @ 12:57 pm:
==A human life begins at conception, that my friends is not a lie it is a scientific fact==
Perhaps you should find someone (other than Facebook) to explain what “science” means.
- Jocko - Tuesday, Dec 12, 23 @ 1:08 pm:
==A human life begins at conception, that my friends is not a lie it is a scientific fact==
Get back to me when the odds of miscarriage are zero. Until then, a woman gets to decide what goes on in her body.
- Soccermom - Tuesday, Dec 12, 23 @ 1:23 pm:
I just want to say — Kate Cox is a hero. It took raw courage to stand up in public and demand her right to make the medical decision that was best for her and her family.
She could have quietly left the state and sought care elsewhere, and no one would have been the wiser. Instead, she stood up for all the women who don’t have her access to care.
I can only imagine the horribleness that has been heaped onto this already heartbreaking situation.
What an amazing, brave, and selfless woman. Thank you, Kate Cox.
- H-W - Tuesday, Dec 12, 23 @ 2:03 pm:
@ Soccermom
I have a nagging fear that when Kate Cox returns home, some State’s Attorney is going to charge her with murder at some point. Texas is scary place right now. Oppressors run the show there.
- JB13 - Tuesday, Dec 12, 23 @ 3:01 pm:
Look, if Kwame Raoul even figured out this law was indefensible, you all should take a hint.
I guess you’ll just have to live in a state in which you get everything you want, but can’t sue your opponents into oblivion.
- Rich Miller - Tuesday, Dec 12, 23 @ 3:06 pm:
===Look, if Kwame Raoul even figured out this law was indefensible, you all should take a hint.===
This sort of comment is exactly why the law’s proponents are so angry that Raoul backed down.
- Shevek - Tuesday, Dec 12, 23 @ 4:38 pm:
For everyone who is upset with the AG, you must understand that if a law is struck down, the State owes the plaintiff attorney’s fees. That will be the case here, and I would guess it will be around $100K. BUT, if Kwame had continued to fight this all the way, those fees would go into the millions of dollars. It makes little sense to waste taxpayer’s money on a case that the judge told you you are going to lose and lose badly. The better thing to do is to go back to the drawing board and see if legislation can be crafted in a way that will not run afoul of the First Amendment as defined by the current US Supreme Court. Frankly, I think that using existing law is probably the smartest way to go. Singling out what are essentially religious businesses in a statute just tell judges that the State is going after people due to their religious beliefs.
This, BTW, is exactly what happened when Blago, looking to score points with the pro-choice crowd, required pharmacists to dispense Plan B. Lisa took the case up to the IL Supreme Court (and back down and back up on remands) and eventually lost. In that case it cost IDFPR over a million dollars that came out of the Pharmacist’s Fund and required license fees to have to be raised. The rule that Blago insisted on was eventually rewritten (while litigation was pending) to be religion-neutral and accomplished the same thing.
- Rich Miller - Tuesday, Dec 12, 23 @ 4:48 pm:
===BUT, if Kwame had continued to fight this all the way, those fees would go into the millions of dollars===
Only if he lost. And, remember, it’s his bill.
- Shevek - Tuesday, Dec 12, 23 @ 5:10 pm:
That’s true, Rich. But I don’t think he would have won. Bill that even smell of religious bias usually get struck down.