McLean County Times

Senate Bill 1909 has been a controversial one – it prevented pregnancy crisis centers in the state from using deceptive practices to entice pregnant individuals to avoid going to abortion clinics and to go to the crisis center instead. Rep. Dan Caulkins spoke out on the outcome of a recent lawsuit to stop enforcement of the law, which was signed into law last month.
"“There has not been a single complaint filed with the Attorney General’s office about crisis pregnancy centers in the 10 years of records that were requested."
"This new law is not about so-called deceptive practices."
"It is an attempt to give the State of Illinois the power to harass and prosecute people simply for their political opinions." "
"The stay issued today is a significant step forward in getting this horrific new law overturned.”"
Dan Caulkins was first elected to the Illinois House in 2018. A Republican, their legislative experience includes serving on the Public Utilities and Prescription Drug Affordability. Caulkins is a state representative who resides in Decatur, according to the Illinois House.
A WTTW report described the oral ruling issued on Aug. 3 and the 14 page order filed on Aug. 4, against the bill, by Judge Iain Johnston. The news outlet wrote: “After a lengthy hearing in his Rockford courtroom, Judge Iain Johnston issued a brief oral ruling on Thursday evening, saying the law violated the First Amendment. Nearly 24 hours later, Johnston on Friday filed a 14-page order explaining the preliminary injunction, which began by recalling a joke told by the late conservative U.S. Supreme Court Justice Antonin Scalia. “Justice Scalia once said that he wished all federal judges were given a stamp that read ‘stupid but constitutional,’” Johnston wrote. “SB 1909 is both stupid and very likely unconstitutional.” Johnston, who was appointed by former President Donald Trump in 2020, went on to characterize the law as “likely classic content and viewpoint discrimination prohibited by the First Amendment.”
On Aug. 3, Fox News reported that U.S. District Judge Iain Johnston ruled in favor of anti-abortion groups that challenged Senate Bill 1909, which was passed by the House and Senate on June 9. According to Fox News, Johnston said the law was “painfully and blatantly a violation of the First Amendment.” Advocates for pregnancy centers testified for several hours that the law infringed on their free speech.
In a July 27 news release, Attorney General Kwame Raoul issued a press release cheering Gov. Pritzker for signing the bill. The news release also notes that Raoul was the one to initiate Senate Bill 1909, and that he has “offered recommendations to patients seeking reproductive care to ensure they can access comprehensive health services.” He notes that while pregnancy crisis centers may say they offer a full range of reproductive care, the reality is that most aim just to convince the pregnant person to carry to term.
Senate Bill 1909 was first filed in the Senate by Sen. Celina Villanueva on Feb. 9, 2023, and moved to the House of Representatives on March 31, 2023. It passed both houses on May 11, and was sent to Gov. J.B. Pritzker for approval on June 9. It was signed on July 27. The bill “prohibits a limited services pregnancy center from using or employing any deception, fraud, false pretense, false promise, or misrepresentation, or the concealment, suppression, or omission of any material fact, with the intent that others rely upon the concealment, suppression or omission of such material fact: to interfere with an individual seeking to gain entry or access to a provider of abortion or emergency contraception; to induce an individual to enter or access the limited services pregnancy center; in advertising, soliciting, or otherwise offering pregnancy-related services; or in conducting, providing, or performing pregnancy-related services.” It also allows Attorney General Kwame Raoul to investigate complaints against limited services pregnancy centers. It had an immediate effective date.