* 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.