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HB 40 Abortion-Funding Illinois Lawsuit to Proceed (Update)
Thomas Moore Society ^ | Thomas Moore Society

Posted on 12/26/2017 5:23:36 PM PST by stars & stripes forever

A Sangamon County Circuit Court hearing has determined that a taxpayer lawsuit against State of Illinois officials can proceed. This case results from the enactment of the controversial HB 40 abortion funding bill.

Thomas More Society Special Counsel Peter Breen presented initial arguments before Associate Judge Jennifer M. Ascher of the Seventh Judicial Circuit Court, Sangamon County on December 6, 2017.

Petitioners, including multiple state legislators, pro-life organizations, and the Diocese of Springfield in Illinois, were granted leave to file their complaint in Springfield Right to Life et al. v. Felicia Norwood et al. The Attorney General’s office did not oppose that decision.

(Excerpt) Read more at thomasmoresociety.org ...


TOPICS: Culture/Society; Government
KEYWORDS: hb40; life; thomasmooresociety
(December 26, 2017 – Springfield, IL) The Thomas More Society has now moved for an emergency injunction to be heard on Thursday, December 28, to stop State of Illinois officials from providing tens of thousands of taxpayer funded abortions in the New Year. Additional legislators and groups will also seek to join the suit that day, including State Representative Jeanne Ives (R-Wheaton) and State Senator Neil Anderson (R-Rock Island). The taxpayer lawsuit, filed at the end of November in the Sangamon County Circuit Court, is brought on behalf of hundreds of thousands of Illinois taxpayers, represented by county and statewide pro-life organizations, the Springfield Catholic Diocese, and a group of Illinois legislators from across the state.

“This emergency injunction would stop a New Year’s Day implementation of this law, under which Illinois taxpayers would be forced to pay for 20,000 to 30,000 or more abortions per year,” explained Peter Breen, Thomas More Society Special Counsel. “Even apart from the sincere moral objections that many folks have to paying for abortions, there is no money in the Illinois state budget to pay for them. And, because of games played by Senate Democrats, in holding HB 40 until late September, after the May 31 cutoff for legislative action, this bill can’t be effective until June 1, certainly not on January 1.” Breen also serves as state representative for Illinois’ 48th District.

If implemented, despite its illegality, HB 40 would force every Illinoisan to pay for free abortions for those on Medicaid. This would apply through the full nine months of pregnancy and for any reason, even when the latest scientific research has shown that the unborn child can feel pain and survive outside of its mother’s womb.

The State of Illinois has a tradition of allowing taxpayer lawsuits, which are brought by private individuals to protect the public treasury. Illinois law requires such a suit to be brought by a petition for leave to file a taxpayer complaint, which was granted by Judge Ascher on December 6, at the last hearing in this case.

WHAT: Hearing on HB 40 lawsuit, Springfield Right to Life et al v. Felicia Norwood et al, where Plaintiffs are seeking a temporary restraining order and preliminary injunction against HB 40 and Defendants are seeking to have the lawsuit dismissed. Following the hearing, attorneys from the Thomas More Society will be available for comment.

WHEN: Thursday, December 28, 2017, at 1:30 PM (Central)

WHERE: Seventh Judicial Circuit Court, Sangamon County, Sangamon County Complex,

200 South 9th Street, Springfield, IL 62701-1629, in the courtroom of Sangamon County Associate Judge Jennifer M. Ascher

MAP: https://goo.gl/d2KGGi

WHO: Thomas More Society attorneys, including Special Counsel Peter Breen

BACKGROUND: Read about the case here [https://www.thomasmoresociety.org/controversial-abortion-bill-prompts-taxpayer-lawsuit-illinois-officials/]

MEDIA NOTE: The court has consented to allow audio and video recording of the proceedings by the media.

The Illinois legislators bringing the lawsuit include (italicized names are newly added):

● Representative Mark Batinick, District 97

● Representative Jeanne Ives, District 42

● Representative Charlie Meier, District 108

● Representative Steve Reick, District 63

● Representative Barbara Wheeler, District 64

● Representative Keith Wheeler, District 50

● Senator Neil Anderson, District 36

● Senator Dale Fowler, District 59

● Senator Sam McCann, District 50

● Senator Kyle McCarter, District 54

● Senator Dan McConchie, District 26

● Senator Paul Schimpf, District 58

The pro-life groups listed on the complaint include (italicized names are newly added):

● Illinois Federation for Right to Life

● Illinois Right to Life Action

● Springfield Right to Life

● Right to Life of Adams County, Inc.

● Clinton County Citizens For Life

● Henry County Right to Life, Inc.

● Knox County Right to Life, NFP

● Lake County Right to Life Committee, Inc.

● Morgan County Right to Life, Inc., NFP

● Faith and Freedom Family Ministry, NFP

● Pro-Life Action League, Inc.

The above listed legislators and groups are joined in this action by:

● Diocese of Springfield In Illinois

Read the Plaintiff’s Unopposed Motion for Leave to File a Verified Amended Taxpayer Complaint here [https://www.thomasmoresociety.org/wp-content/uploads/2017/12/171222-HB-40-Mot-f-Lv-t-File-Ver-Amd-Compl-v2.pdf].

Read the original Petition for Leave to File a Taxpayer Action to Restrain and Enjoin the Disbursement of Public Funds and the Taxpayer Complaint to Restrain and Enjoin the Disbursement of Public Funds here [https://www.thomasmoresociety.org/wp-content/uploads/2017/11/HB-40-Petition-Complaint-FINAL-as-filed.pdf].

About the Thomas More Society

The Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and religious liberty. Headquartered in Chicago and Omaha, the Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, visit thomasmoresociety.org.

1 posted on 12/26/2017 5:23:36 PM PST by stars & stripes forever
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To: stars & stripes forever

PRAY for the rights of the unborn to be upheld.


2 posted on 12/26/2017 5:24:17 PM PST by stars & stripes forever (Blessed is the nation whose God is the Lord. Psalm 33:12")
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To: stars & stripes forever

But wait! What does the REPUBLICAN GOVERNOR thinks of this? He’s a Republican!


3 posted on 12/26/2017 5:39:12 PM PST by Extremely Extreme Extremist (10% pure, flat income tax for everyone. No deductions, credits, or loopholes.)
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To: Extremely Extreme Extremist

He proudly signed the law.


4 posted on 12/26/2017 5:44:12 PM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: ConservativeMind

And his signing the abortion bill is one of several reasons Illinois will have a Dem governor soon.


5 posted on 12/26/2017 5:55:40 PM PST by Lawgvr1955 ( Sic Semper Tyrannis)
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To: Extremely Extreme Extremist

GOV. RAUNER is pro-abortion and anti-Traditional Family Values and had no problems signing EVIL, ABOMINABLE HB 40. Amazing the number of Christians who knowingly put pocketbook before conviction when voting for him in the Illinois primary four years ago.


6 posted on 12/26/2017 6:19:23 PM PST by stars & stripes forever (Blessed is the nation whose God is the Lord. Psalm 33:12")
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To: Lawgvr1955

GOP state Rep. Jeanne Ives is running against Rauner.

JEANNE IVES FOR ILLINOIS GOVERNOR
https://ivesforillinois.com/

ILLINOIS FREEPERS, host a Meet & Greet for Jeanne in your area.


7 posted on 12/26/2017 6:26:19 PM PST by stars & stripes forever (Blessed is the nation whose God is the Lord. Psalm 33:12")
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To: ConservativeMind

I know he did, I was pointing out the idiocy of Republicans who cave.


8 posted on 12/26/2017 9:09:36 PM PST by Extremely Extreme Extremist (10% pure, flat income tax for everyone. No deductions, credits, or loopholes.)
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To: Lawgvr1955

“And his signing the abortion bill is one of several reasons Illinois will have a Dem governor soon.”

We have one now as far as I’m concerned.

L


9 posted on 12/26/2017 9:12:58 PM PST by Lurker (President Trump isn't our last chance. President Trump is THEIR last chance.)
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