The controversial bill, HB 40, essentially expands Medicaid, which means that the state of Illinois will be financing elective abortions and abortions for state employees – yet this piece of legislation is by no means your typical a pro-life versus pro-abortion argument.
At stake in the matter is what the United States Constitution actually requires of the General Assembly. In part, this entails estimating revenues and making specific revenue appropriations for the spending, which is estimated at $10 million to $33 million.
Thomas More Society Special Counsel Peter Breen filed suit to resolve the issue, and an appeals court rejected the case on two grounds.
“They ruled that the court system couldn't at all evaluate, review or in any way comment on appropriations, so that's money being spent by the General Assembly – and on its legality,” More explained. “We think that's outrageous. That's what the courts exist to do.”
Secondly, it should be noted that if a bill is pending after May 31, it cannot be implemented for one year, but the state is now slated to start financing abortions starting January 1. Breen maintains that this violates both the Constitution and state law.
Thomas More Society has appealed the problematic decision in the case to the 4th District Appellate Court.
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