Taxpayer funded abortion lawsuit heard in court

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SPRINGFIELD, Ill (WAND)- The first hearing for a lawsuit against the implementation of taxpayer funded abortions was held Wednesday. 

The case was heard by Sangamon County Associate Judge Jennifer M. Ascher. It was a short hearing, with a future court date being set for the end of the month to  hear both sides. 

The lawsuit challenges two parts of the law. First, is says this law will go against the balanced budget requirement in the Illinois Constitution. The lawsuit contends that no money has been set aside to help pay for what they estimate would be 20,000 to 30,000 additional abortion procedures in the state. Second, it alleges that the law cannot go into effect on January 1, since it was passed after the May 31 deadline. 

"That is point one there is no money. But point two is that this bill can't be effective after the legislative session and that would mean we are going to have another debate which we will have likely every year from now until the bill is repealed about whether we fund elective abortions" said Peter Breen, Special Counsel for Thomas More Society and State Representative. 

The defendants plan to file a motion to dismiss the case when back in court later in the month. 

"They said they are going to move to dismiss which we will fight that out at the appropriate time. We see a motion to dismiss coming from them in about 10 days. You'll see from us an expedited briefing looking for a temporary restraining order and a preliminary junction unless the state defendants, the Department of Family Services and Central Management Services if they are not going to immediately enforce House Bill 40 on January 1." said Breen. 

The case is scheduled to be heard on December 28th. 

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