Federal Judge Labels Illinois Act Targeting Life-Affirming Maternal Help Centers as ‘Stupid’

Victory for pro-life pregnancy ministries as court halts state’s blatantly discriminatory law

By Published on August 8, 2023

A United States District Court preliminary injunction ordered on August 3, 2023, immediately halted the Illinois law targeting pro-life pregnancy help ministries, enacted by the state on July 27, 2023. United States District Judge Iain Johnston of the Northern District of Illinois Western Division, issued the order stopping the amended Consumer Fraud and Deceptive Business Practices Act, the updates of which were designed to target pregnancy care centers in Illinois that do not promote or refer for abortion, solely on the basis of their pro-life message.

The first paragraph of the order reads:

Justice Scalia once said that he wished all federal judges were given a stamp that read ‘stupid but constitutional’” Brown v. Chicago Bd. of Educ., 824 F.3d 713, 714 (7th Cir. 2016). SB 1909 is both stupid and very likely unconstitutional. It is stupid because its own supporter admitted it was unneeded and was unsupported by evidence when challenged. It is likely unconstitutional because it is a blatant example of government taking the side of whose speech is sanctionable and whose speech is immunized — on the very same subject no less. SB 1909 is likely classic content and viewpoint discrimination prohibited by the First Amendment.

Read the entire Rule 65 Preliminary Injunction Order issued August 4, 2023, by Judge Iain D. Johnston of the United States District Court — Northern District of Illinois Western Division, in National Institute of Family Life Advocates et al. v. Raoul, in response to motion for the same made by Thomas More Society attorneys on behalf of the National Institute of Family and Life Advocates, Women’s Pregnancy Services, Rockford Family Initiative, Relevant Pregnancy Options Center, and Pro-Life Action League, here.

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Find details and background on the enjoined law, which is the subject of the lawsuit National Institute of Family Life Advocates et al. v. Raoul, brought by Thomas More Society attorneys on behalf National Institute of Family and Life Advocates, Women’s Pregnancy Services, Rockford Family Initiative, Relevant Pregnancy Options Center, and Pro-Life Action League at Everything You Need to Know About Illinois’ New Anti-Pregnancy Help Center Law.

 

The Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and freedom. Headquartered in Chicago and with offices across the country, 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, please visit thomasmoresociety.org.

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