SPRINGFIELD — Over the past five years, Illinois lawmakers have enacted the most liberal reproductive health laws in the Midwest.

And Gov. J.B. Pritzker has made protecting and expanding abortion rights one of his signature issues, directing millions of dollars through his Think Big America advocacy group to promote the issue in states like Nevada where it’s on the ballot.  

But as Illinois lawmakers close in on the final weeks of the spring legislative session and look ahead to the November elections, it appears increasingly unlikely that significant reproductive health legislation will move this year. 

Instead, abortion-related bills that are moving focusing on maintain the strength of and updating the state’s protections amid an ever-evolving national landscape. 

Not on the agenda, it appears, is a referendum question for the November ballot that would have asked voters to enshrine abortion rights explicitly in the state’s constitution, a step further than the codification into state law over the past several years.

The deadline for both legislative chambers to place such a question on the ballot this year via three-fifths vote is early May. Advocates say it remains a priority, but more likely in 2026 — a midterm election — than in November.

"That’s an unlikely thing for this year, largely, because there are only so many fronts that we can open up a national battle on," said state Rep. Kelly Cassidy, D-Chicago, who leads the House Democrats’ working group on reproductive rights. "We’ve got lots and lots of states that don’t have access to care right now that are going on the ballot. And honestly, the priority has to be in restoring rights in people’s home states."

Since the Supreme Court overturned Roe v. Wade in 2022, 16 states have enacted total or near-total abortion bans, including Illinois’ border states of Indiana, Kentucky and Missouri. 

This has made Illinois an island of sorts in the Midwest, with women from those states as well as others in the American South flocking to the Land of Lincoln to receive abortion care.

Last year, Illinois enacted further protections that shield out-of-state patients and in-state providers from legal action originating from other states regarding abortions performed here.

Cassidy, however, said "an almost constant monitoring" among Illinois lawmakers is necessary to keep up with changing laws in other states. 

As such, some abortion-related bills are moving through the legislature this session, such as Cassidy’s House Bill 5239, which updates the shield law that passed last year. Among other provisions, it clarifies that certain health care records are exempt from disclosure under the Freedom of Information Act and other laws. It passed out of committee on Wednesday. 

Another, House Bill 4093, sponsored by state Rep. Ann Williams, D-Chicago, would require that companies like Facebook and Google that track and collect health information get written consent before they collect and sell that data to third parties. 

Such companies would also have to publish their policy for data collection, explain why it’s been collected and with which third parties it is being shared.

This data is not covered under the Health Insurance Portability and Accountability Act and many are concerned that it could be used to track people receiving abortion care in Illinois. 

The legislation passed a House committee and awaits a full vote in the chamber. 

Another bill, House Bill 5152, sponsored by Cassidy, would offer a $500 tax credit to people and providers who move to Illinois from states with more restrictive abortion laws. It remains in the gatekeeping House Rules Committee and appears unlikely to move this session. 

Possible legislative activity or the lack thereof comes with abortion being a central issue in the 2024 presidential campaign and in downballot races across the country. 

Abortion rights supporters have sought to get initiatives on the ballot in several states while anti-abortion advocates look to protect their post-Roe gains and enact restrictions in other places.

On Wednesday, thousands of anti-abortion activists, including Diocese of Springfield Bishop Thomas Paprocki, descended upon the Illinois Capitol for the annual March for Life.

"It is time that Illinois legislators recognize the humanity of the unborn child and the regret that so many women and men feel post-abortion, and vote to implement laws that acknowledge these realities," said Mary Kate Zander, executive director of Illinois Right For Life. 

Given that Pritzker and the Democratic legislative majorities support abortion rights, Zander said that "the pro-life movement’s only option is to grow and mobilize."

The issue could play both ways in Illinois, helping Republicans win in competitive districts in the more conservative downstate region while helping Democrats lock in their recent gains in the socially liberal Chicago suburbs. 

Illinois Republicans have sought to highlight what they view as Democratic overreach on the issue, such as the repeal of the parental notification requirement for minors seeking an abortion. 

Some Republicans have sought to neutralize the topic by declaring it settled with Pritzker in office and Democrats firmly in control of the General Assembly.

But in an era of hyper-nationalized politics, Cassidy believes the issue will still resonate this fall.

"I think we’ve seen the impact of people having abortion top of mind… in our results in so many of the districts that used to be red," Cassidy said. "So I think it remains an issue for suburban voters in particular, who are watching this steady march in the opposite direction around the country to continue to send the message that this is important."