Pritzker 'not informed' if AG will appeal injunction against pregnancy center law

[September 01, 2023]  By Andrew Hensel | The Center Square

(The Center Square) – While the state of Illinois ponders an appeal of a court order blocking a law allowing deceptive practice charges against crisis pregnancy centers, some have spoken out against the measure as anti-free speech.

Senate Bill 1909, signed by Gov. J.B. Pritzker in July, prohibits pregnancy centers from engaging in conduct the Illinois Attorney General's office deems are unfair methods of competition or unfair or deceptive acts or practices. That could lead to such centers being shut down.

"Senate Bill 1909 is about clarifying that the Consumer Fraud and Deceptive Practices Act that applies to many businesses applies to crisis pregnancy centers as well," said Illinois Attorney General Kwame Raoul when the law was signed. "This bill is intended to protect the individuals to access the full range of reproductive healthcare and make fully informed decisions including the right to use or refuse reproductive healthcare."

On behalf of the National Institute of Family Life Advocates, the Thomas Moore Society filed a lawsuit to block the law. On Aug. 4, the case docket showed federal Judge Iain Johnson temporarily blocked the law with a preliminary injunction while the case plays out, saying the measure is "both stupid and likely unconstitutional."

A status hearing in the Northern District of Illinois federal court is set for Oct. 23. The state has not appealed.

On Thursday, Pritzker was asked if the state plans to appeal.

"Well, I am not the one who takes that on," Pritzker told The Center Square. "That is the job of the Attorney General, and I do not know. He has not informed me of what his plans are for that."

Illinois Gov. J.B. Pritzker
Greg Bishop / The Center Square

The court docket shows on Aug. 3, Johnson denied the state's motion to delay a response to the lawsuit, saying the motion was "meritless on many levels."

"This lawsuit should not come as a surprise to Defendant," the judge's minute entry said.

Wirepoints Founder Mark Glennon believes no judge would back this law with how it is written.

"This completely restricted their [pregnancy centers] ability to pass out literature anywhere in the area, and it was one-sided," Glennon told WMAY. "It said if the pro-choice people did the same thing, there was no liability there. No exposure. That's called viewpoint discrimination, so that was a clear red line that legislators can not pass, and that really irritated the court."

Illinois Attorney General Kwame Raoul's office did not respond to requests for comment from The Center Square on what the state's next steps would be in this case.

Glennon claims the Attorney General does not "have the guts" to file an appeal.

"I think Kwame Raoul will let it die. I do not think he has the guts to appeal it," Glennon said. "I wish he would because then the [Seventh Circuit U.S. Court of Appeals] would then further affirm what is going on here. They may try to amend the law, they may have to gut it to make it constitutional, or they may just let it die."