On March 20, the Illinois Supreme Court denied the plaintiff's petition asking it to review a lower court’s decision upholding the constitutionality of Illinois Public Act 100-538, the law passed by the General Assembly in 2017 as HB40 and signed into law by former governor Bruce Rauner in September of that same year. This law mandates Illinois taxpayer funded abortion through the state Medicaid system.

Overburdened Illinois Budget Continues Taxpayer Funded Abortions through Medicaid

In yesterday's ruling, with 3 of 7 justices dissenting, the Illinois Supreme Court denied the Petition To Appeal As A Matter Of Right Or, In The Alternative, For Leave To Appeal filed by the Thomas More Society on behalf of taxpayers challenging the constitutionality of Public Act 100- 538 in the case, Springfield Right to Life, et al. v. Norwood, Supreme Court No. 124242. That law mandates Illinois taxpayer funded abortion through the state Medicaid system and through health insurance coverage for state employees.

The Impending Result

The measure will significantly increase the already overwhelming burden on Illinois taxpayers by an estimated $22.5 to $30 million dollars every year.

Justice Thomas authored a dissent from the denial of the Petition, stating he would grant the Petition in order to address the important issues the case raises relating to “the political question doctrine.” The courts have relied upon that doctrine as a basis for avoiding involvement of the judicial branch in the resolution of political questions. As Justice Thomas recognized in his dissent, however, political cases and political questions are not synonymous, and the courts are obligated to decide controversies as to whether some “political” action by the legislature exceeds its constitutional authority.

In this case, plaintiffs argued that Public Act 100-538 violated the balanced budget provision of the Illinois Constitution (Article VIII, §2(b)), which requires that the "General Assembly by law shall make appropriations for all expenditures of public funds by the State. Appropriations for a fiscal year shall not exceed funds estimated by the General Assembly to be available during that year.” Justices Burke and Kilbride joined in the dissent.