National Institute of Family and Life Advocates, et al. v. Kwame Raoul

When Illinois targeted life-affirming, pregnancy help ministries that serve women and their children free-of-charge, Thomas More Society stepped in to defend their right to continue their life-affirming ministries.

Representing the National Institute of Family and Life Advocates (NIFLA), along with several other local pregnancy centers and sidewalk counseling organizations, Thomas More Society challenged Illinois Senate Bill 1909, which redefined constitutionally protected pro-life speech as a "deceptive business practice" and "misinformation." This egregious attack on our bedrock First Amendment rights was intended to silence and shut down pregnancy centers that did not provide or refer for abortions and 'emergency contraception.'

NIFLA has 81 pregnancy center members across the Land of Lincoln, 60 of which provide medical services under the supervision of medical directors, who are licensed Illinois medical physicians. NIFLA and case co-plaintiffs were are all religious organizations motivated by their sincerely held religious beliefs to provide accurate information about abortion and the preborn and to assist women in most need of help.

An hour after Illinois Gov. J.B. Pritzker signed SB 1909 into law, Thomas More Society attorneys ran into court with an emergency lawsuit to block the law. A week later, on August 4, 2023, U.S. District Court Judge Iain D. Johnston issued a Preliminary Injunction against SB 1909, temporarily blocking the state law.

Judge Johnston wrote: 

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.

In December 2023, Illinois waved the white flag in total surrender. Illinois Attorney General Kwame Raoul agreed to permanently halt SB 1909's enforcement—a resounding victory for NIFLA, pregnancy help ministries across Illinois, and Thomas More Society.