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Pro-life group wants direct appeal to Supreme Court on HB40

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Illinois

* Press release…

Today, attorneys from the Thomas More Society filed a Motion for Direct Appeal in the Illinois Supreme Court, seeking to have the state’s highest court take their appeal against taxpayer funding of abortion in the Land of Lincoln. In seeking a direct appeal, or alternatively, a supervisory order from the Illinois Supreme Court to expedite their appeal, the group of plaintiffs representing hundreds of thousands of Illinois taxpayers are calling out state officials and a lower court for actions that violate the Illinois Constitution.

The taxpayer lawsuit, filed at the end of November in the Sangamon County Circuit Court, was brought by county and statewide pro-life organizations, the Springfield Catholic Diocese, and a group of Illinois legislators from across the state.

Among the points raised in the filing:

· House Bill 40 (“HB 40”) reverses the prohibition on funding of elective abortions by the Illinois’ Medicaid and employee health insurance programs and mandates coverage by Medicaid.
· Under HB 40, approximately 30,000 of the state’s annual 40,000 abortions will become eligible for payment by Medicaid. This will cost Illinois taxpayers at least $10 million, and potentially upwards of $33 million.
· With the next two months, the State of Illinois intends to release funds to pay for elective abortions, despite the fact that the law can’t even be effective until at least June 1, 2018, per the Illinois Constitution and state statute.
· The constitution also requires the General Assembly to estimate revenues and make specific appropriations for all state spending, but there were never any funds estimated to be available nor any appropriation for the tens of millions in state abortion spending mandated by HB 40.
· Because the federal government does not recognize elective abortion as a reimbursable medical procedure, none of the state’s new expense for elective abortions will be eligible for the standard 50% Medicaid match from the federal government. Illinois taxpayers will assume the entirety of the expense for HB 40’s new reimbursements.

The motion also raises the issue of extraordinary public interest regarding the ability of Illinois courts to enforce the state’s Constitution. The Circuit Court previously ruled that the courts had no ability to review or hear cases alleging appropriations to be illegal or lacking an estimate of available funds. The Appellate Court has refused to expedite the plaintiffs’ appeal, which means that millions in taxpayer funds may be illegally spent for elective abortions, before the appeal is even decided.

The defendants in the case are Felicia Norwood, Director of the Department of Healthcare and Family Services; Michael Hoffman, Acting Director of the Department of Central Management Services; Michael Frerichs, Treasurer of the State of Illinois; and Susana Mendoza, Comptroller of the State of Illinois.

“The people of Illinois reject taxpayer funded abortion, and they shouldn’t be forced to pay for HB 40, especially before the law is even supposed to be effective,” stated Peter Breen, Thomas More Society Special Counsel. “This year’s budget is already $1.7 billion in the hole, and the General Assembly never identified any funds available to pay for HB 40. We are hopeful that the Supreme Court will allow our motion, so that we can bring this illegal abortion spending to a swift end.”

The motion is here.

posted by Rich Miller
Wednesday, Feb 21, 18 @ 4:18 pm

Comments

LOL - good luck with that.

Comment by SaulGoodman Wednesday, Feb 21, 18 @ 4:19 pm
If they are trying to argue the “no appropriation” argument they will lose. Better come up with something better than that.

Comment by Demoralized Wednesday, Feb 21, 18 @ 4:19 pm
===The taxpayer lawsuit…===

Where do the “non taxpayers” fall?

Comment by Oswego Willy Wednesday, Feb 21, 18 @ 4:22 pm
Can we get loser pays on this? Because as the filing states, Illinois could use the money. Instead, the state is stuck spending money to defend this frivolous lawsuit.

Comment by Anon324 Wednesday, Feb 21, 18 @ 4:34 pm
“The people of Illinois reject taxpayer funded abortion” Every last one of us does?

Comment by Skeptic Wednesday, Feb 21, 18 @ 4:48 pm
If this is such an emergency why did they wait several months to sue?

Comment by Anonymous Wednesday, Feb 21, 18 @ 4:50 pm
===why did they wait several months to sue?===

Because they are “the group of plaintiffs representing hundreds of thousands of Illinois taxpayers” so I’m sure it took some time to sign up all of those taxpayers for this suit.

Just kidding. They don’t represent anyone but themselves.

Comment by 47th Ward Wednesday, Feb 21, 18 @ 4:52 pm
If Illinois Supreme Court rejects them can they take it to the federal courts?
Could taking it to ILSC be political plan to have it a bigger issue for the GOP governor’s primary?

Comment by Anonish Wednesday, Feb 21, 18 @ 5:14 pm
Hail Mary play on the appropriations issue. That’s the only constitutional issue they have.

Comment by RNUG Wednesday, Feb 21, 18 @ 5:18 pm
The Guv signed HB40 to help Rep. Breen with his side hustle as Special Counsel for the TMS. Just like why MJM is always raising property taxes. Imitation is the most sincere form of flattery. /s

Comment by Henry Francis Wednesday, Feb 21, 18 @ 5:34 pm
I’d rather pay for a $300 one time procedure than a lifetime of of poverty and or crime.

Comment by Anonymous Wednesday, Feb 21, 18 @ 9:13 pm
“I’d rather pay for a $300 one time procedure than a lifetime of of poverty and or crime.” - it would be called a racist and/or bigoted comment if made by a conservative but has been deemed just fine for so called progressives.

Medcaid money should only be used for healthcare, an abortion is not healthcare for anyone and especially not for the Life being terminated. Scientific fact that a human life begins at conception.

Comment by Stand Tall Thursday, Feb 22, 18 @ 8:24 am