Illinois’ Fourth District Appellate Court upheld [opinion, PDF] a lower court’s dismissal of a lawsuit challenging an Illinois law [text, PDF] that allocates funding for abortions for government employees and individuals on Medicaid.

Several pro-life organizations filed the lawsuit [text, PDF] in 2017, saying the law, House Bill 40, violated the Balanced Budget requirement of the Illinois Constitution because the General Assembly had not appropriated the money to cover the costs imposed by the bill. Effectively, the law “reversed the prohibition on funding elective abortions by the State’s Medicaid and employee health insurance programs and mandated coverage by Medicaid for all ‘reproductive health care that is otherwise legal.'”

The lower court judge dismissed the lawsuit in November, saying primarily that, under the political-question doctrine, it did not have authority to determine if “the General Assembly failed to appropriate funds and adopt a revenue estimate to cover the cost of services under HB 40.” The pro-life organizations appealed [text, PDF] the order in December.

The appellate court upheld the lower court’s dismissal, saying the constitution does not include “language imposing an obligation on the General Assembly to develop a revenue estimate.” Further, even if there was such a requirement, it would be the legislature’s job to determine if the funds had been estimated and apportioned.