Join us as we celebrate the 25th anniversary of The Thomas Moore Society, a pro-life organization that has been at the forefront of the pro-choice movement for over 30 years. In this episode of the John Henry Weston Show, we have a special edition of the show featuring a panel of four of the organization's most distinguished lawyers.
00:11:31.760I'm your executive vice president, head of litigation for Thomas More Society.
00:11:35.400You know, last year at this time, we were frantically preparing to defend Mark Houck in the Eastern District of Pennsylvania in downtown Philadelphia.
00:11:46.260And praise God, we were able to get a not guilty verdict in that case and absolutely lay one on the Biden Department of Justice.
00:11:54.260But I will tell you, you know, we have, you know, the stakes are only higher with each passing month.
00:12:02.620You know, and David B. Wright referred to the fact that, you know, abortion, we had, you know, we had hoped the abortion rates would continue to go down.
00:12:09.500They've kind of bottomed out, and we were seeing a little bit of an upswing.
00:12:13.460And I'll tell you, you know, you're hearing a lot tonight about California, Illinois, and New York.
00:12:21.660And maybe California and New York are obvious to you because they're big abortion states, have been since pre-Roe, and they're just large states generally.
00:12:29.820The reason you're also going to hear about Illinois, not just because we happen to be headquartered there in the middle of the country, which gives us easy access to both ends of the country, but it's because the abortion rate in Illinois has absolutely skyrocketed.
00:12:44.500And if you look at the month-by-month data that is coming out lately, Illinois is on track to double its abortion rate from before Dobbs.
00:12:55.360So you're looking at Illinois, possibly, maybe even getting into the number three slot in the country, even though Illinois is, what, a quarter of the size of California, a third of the size of California, half the size of New York and Florida, probably going to be right up there at 100,000 abortions a year, possibly, from a traditional rate of about 40.
00:13:15.400And so you're seeing this, though, this is this divide in the country, the red state versus blue state.
00:13:20.760And I don't mean to use those politically, I mean to use them in the pro-life terminology, maybe.
00:13:25.360And so for us at Thomas More Society, you know, the idea of representing sidewalk counselors and helping pregnancy centers and the movement to fight states where abortion is legal, you know, that's kind of the thing we were doing before Dobbs.
00:13:40.440But the vigor with which these states, these blue states are coming after our people, has intensified times 10.
00:13:50.920I mean, and you see, we had already seen under the Obama administration, you know, there's somewhat of a disregard for the rule of law, a disregard for proper process and principles.
00:14:01.800And so that they would think, well, you know, we don't want to do it to you because then it'll be done back to us.
00:14:05.760Now they just don't care in these states for the most part.
00:14:09.780And so you see that in the blue states, you know, the red states, the pro-life states, we're having wonderful success.
00:14:16.080You know, we'd like to do a little more.
00:14:17.800We're helping people with drafting legislation, but we're doing offensive work.
00:14:20.940But it's really those blue states right now where we are focusing our efforts because they are undertaking in particular, so not just, say, the face case violations, which you're going to hear about as well from my colleague Martin Cannon.
00:14:36.820We've got to face act prosecutions, both civil and criminal, that we are defending across the country, both against the Department of Justice and against state attorneys general.
00:14:45.500But they're coming after pregnancy centers.
00:14:48.120And really, when you think about it, it makes a lot of sense.
00:14:52.680And as part of the effort, say, I want to give you a case study in Illinois because it's a wonderful victory that was just won.
00:15:01.680But it's against the most recent brand of anti-pregnancy center legislation that is going through the states.
00:15:08.520They're trying to stop the pregnancy centers from doing their work generally.
00:15:13.580You know, and these are small nonprofits.
00:15:14.700So if you impose a lot of legal restrictions and the threats of fines or even jail time or what have you, folks just recede.
00:15:24.080You know, they're volunteers for the most part.
00:15:25.540They might not have enough money or legal resources to combat, you know, the entire weight of the sovereign state of California or New York or Illinois.
00:15:32.480But they are doing this work, really attacking pregnancy centers in a couple of ways.
00:15:39.700And the newest way that this is being framed as is they are that pregnancy centers are violating your state deceptive practices act.
00:15:49.540So, in other words, it's this whole business.
00:15:51.220The other side doesn't want to engage on the issues.
00:15:55.300And in particular, they're challenging things like our characterization of abortion.
00:16:02.140In the state of Illinois, we had a bill this past year called Senate Bill 1909.
00:16:07.420It was enacted at the behest of Illinois Attorney General Kwame Raul, who was a liberal Democrat and proudly signed by Illinois Governor J.B. Pritzker, a name you may know because he is on the short list of Democratic presidential candidates, multi-billionaire, you know, heir to the Hyatt family fortune.
00:16:27.060And so that law declared that pregnancy centers were overstating the risks of abortion and using misinformation.
00:16:38.320Gosh, where have we heard that lately?
00:16:40.740You know, but putting it into state statute and even saying, well, the pregnancy centers are saying falsely that abortion could lead to infertility.
00:16:52.000Now, ladies and gentlemen, this is a pretty well-educated pro-life room.
00:16:55.840I mean, if you botch an abortion, oftentimes it could lead to infertility.
00:17:01.640And you were sitting there, you're just looking at them going, what are you people thinking?
00:17:06.160And then, you know, they were trying to, you know, peddle lies like, oh, well, you know, childbirth is much more dangerous than a surgical abortion, which is outlandish.
00:17:17.280And most of us, you know, we've seen the studies, we've debunked them, what have you.
00:17:23.680So they essentially put into law saying what we know to be false is true and you must adhere to it.
00:17:30.820And if you don't, we're going to subject you to $50,000 fines, ruinous investigations.
00:17:36.300We're going to issue subpoenas on you and what have you.
00:17:38.840And this was looking like an existential threat to the pregnancy center movement in Illinois in particular.
00:17:44.720But it's a similar law has been enacted in states like Connecticut and Vermont and other places like that.
00:17:52.320So we desperately fought when we were thinking we've got to beat this in Illinois because it's probably the worst of its kind in the country in hopes of stopping it in other states.
00:18:01.180It's also being considered in certain other state legislatures.
00:18:04.080Well, we were able and showed what the pro-life movement can do, even in a blue state, even when you're down two to one in your legislature.
00:18:10.500Our activists on the ground were working the phones.
00:18:32.020And then we, as the lawyers, were able to look and go, hey, let's get this evidence in.
00:18:36.480We filed, you know, with our friends at the Pro-Life Action League, who became our clients in this case, because the law also impacted sidewalk counselors.
00:18:43.080We filed FOIA requests and got documents to help make our case.
00:18:47.500At the end of the day, as against the attorney general who had claimed, we've had scores of reports and complaints about your deceptive practices, you pregnancy centers.
00:18:57.080Our evidence, FOIA request results, showed there had actually been no complaints, not a single one in 10 years.
00:19:04.840And so we took all of this to the federal district court in the Northern District of Illinois.
00:19:08.800So the bill was signed on July 27th at noon.
00:19:13.880We filed our lawsuit and sought a preliminary and permanent injunction at 1 p.m.
00:19:18.680And at 2 p.m., the attorney general got up to talk about his wonderful bill.
00:19:21.820And, ladies and gentlemen, I put this to you because it's important to see us actually score points in a blue state.
00:19:29.080The AG got one softball question at his press conference, and every other question was about our lawsuit, about what the pro-life movement was doing.
00:19:36.280And we were able to reframe that debate and really reshape the way this thing was being covered in a hard blue state like Illinois.
00:19:43.900Yeah, and that is something to be proud of.
00:20:31.020And he then issued his written decision the next day, and he said, you know, sometimes there are laws where Justice Scalia had said, you know, I wish I had a stamp that said, this law is stupid, but it's constitutional.
00:20:41.820And the judge said, well, this one's stupid, and it's unconstitutional.
00:20:45.740And so that was a wonderful victory for us.
00:20:48.540And wouldn't you know it, the state of Illinois came back, said, we're going to take 25 depositions, four expert witnesses.
00:20:53.780We're going to put you through the wringer.
00:20:55.700Well, a few weeks later, and a little more, you know, we kind of fought back on them on a lot of these things.
00:21:02.980They have now since agreed to drop the law, agree to a permanent injunction, and pay us our attorney's fees for the trouble.
00:21:19.660And frankly, you know, we started the year with Mark Houck winning, you know, when we got the right jury seated, it was an hour, not guilty, up against the DOJ that has a 98, 99% win rate.
00:21:29.200And we're kind of closing the year with this incredible win in Illinois, where we just absolutely, you know, cleaned their clocks, got them to admit it, and stopped one of the worst laws against pregnancy centers in the country.
00:21:39.000I do that to show you we can win these fights, and we take the opportunities and absolutely drive it home.
00:21:46.380I'll tell you, you know, every time Merrick Garland gets in front of Congress, they ask him about Mark Houck, still.
00:21:52.140And they're going to keep asking him about it.
00:21:53.880And in Illinois, it's an absolute black eye.
00:21:56.760So every time the parole boards get up there and want to run another bill, you know, the legislators are kind of privately grumbling on, are you going to get us sued again?
00:22:03.260Are we going to get embarrassed again?
00:22:04.460And so this is the sort of thing that we're glad and, you know, honored to be able to do for you and pleased to be able to do.
00:22:10.760We're going to keep doing it in the year to come.
00:22:12.580You know, we've got challenges in California, state of California.
00:22:15.760The California Attorney General has sued Heartbeat International.
00:22:19.040I mean, the mega pregnancy center network of 3,000 centers, which does wonderful work, they want to shut down abortion pill reversal,
00:22:26.900saying it's, again, a deceptive practice to help people try to save their babies when they decide that they don't want to have an abortion anymore.