Illinois faces funding threat over abortion referral law
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Shoshana Gordon/Axios
In what's become a regular occurrence, the Trump administration has once again threatened to cut federal funding to Illinois. This time it's over abortion access.
Driving the news: The U.S. Department of Health and Human Services sent Illinois leaders a letter last week alleging the state is violating federal conscience objection laws by requiring Illinois health care providers who oppose abortion over "religious or moral objections" to provide counseling and refer patients to a provider who does.
Why it matters: Since the U.S. Supreme Court overturned Roe in 2022, reproductive rights laws have largely fallen on the states, with Illinois emerging as a leader in providing abortion care. This move by HHS is an attempt by the feds to chip away at access in the state.
- It's unclear how much funding is at stake. HHS did not respond, and the governor's office did not specify an amount when Axios asked.
Catch up quick: The letter comes in response to a 2018 complaint from the Chicago-based Thomas More Society, a law firm that regularly challenges reproductive rights laws.
- The organization filed the suit on behalf of a physician at Hope Life Center, which provides pregnancy testing, ultrasounds and STD testing. The doctor, the complaint argued, could not in conscience "perform or promote" abortion, which he argued Illinois law forces him to do by providing patients with information on how to obtain that care.
Between the lines: Thomas More Society is also pursuing a separate lawsuit where a federal judge last year ruled that requiring providers to counsel patients on treatment options, such as abortion, violates federal conscience laws, but the referral mandate is not a violation.
- Thomas More appealed the decision, which is still working its way through the courts.
What they're saying: "HHS has now confirmed that gutting precious conscience protections violates federal law, and the financial consequences for the state could be significant if they continue to trample conscience rights," Peter Breen of Thomas More says in a statement.
- Breen was a state legislator when Illinois passed the counseling and referral amendments in 2016 and he fought against it.
The other side: "It's no surprise that the Trump Administration is doubling down on their attacks to strip away healthcare from Americans. Illinois has led the charge to fortify fundamental reproductive rights and access to healthcare, and we will keep working to defend against these attacks. We are reviewing the letter and will respond," a Pritzker spokesperson tells Axios in a statement.
- "[Trump] is doing this while Republicans' failure to extend health care subsidies causes huge cost spikes for consumers. We must codify abortion access into federal law, lower health care costs, and ensure access to safe, legal abortion," Daniel Biss, Evanston mayor and former state senator who sponsored the Illinois law, says in a statement.
What's next: Illinois has 30 days to respond to the HHS letter.