Supreme Court Justice Burke Calls O'Brien Abortion Ad "Fabricated" and "Unethical"
Illinois Supreme Court Justice Michael Burke.
Supreme Court Justice Michael Burke is shooting back at two new television ads he says are “fabricating” his position on abortion.
The first ad, from Burke’s Democratic opponent, Appellate Justice Mary K. O’Brien, claimed Burke said in an interview that he supported overturning Roe vs. Wade. Though, a review of the tape showed he never said what the O’Brien campaign claims.
The latest ad, from a new Democrat-controlled PAC named “All for Fairness,” claims Burke wants to ban abortion “even in cases of rape and incest.”
“I never gave any opinion on whether [Dobbs] was correctly decided or not,” Burke said in an interview Monday. “The Supreme Court sent it back to the state legislatures, they didn’t send it back to the state courts. I have no opinion on the case one way or another that I’m going to express publicly.”
In fact, Burke called it inappropriate for judicial candidates to appear pro-abortion rights or pro choice.
“We as judges cannot express our personal views about issues that may come before the court because they may be seen as committing us to a particular position,” Burke said. “ [O’Brien] has committed herself to a particular position on this issue, which is, in my opinion, highly unethical.”
We reported last week a group of pro-Burke attorneys were considering filing complaints against O’Brien with the Attorney Registration and Disciplinary Commission (ARDC), which is the disciplinary arm for lawyers in the state. They could also file a complaint with the Illinois Judicial Inquiry Board, which investigates complaints against active Illinois state court judges.
Burke says O’Brien told a Democrat-friendly blog that Illinois has a “higher right to privacy” than the federal constitution and that abortion falls under that right to privacy. Burke pointed to a 2013 unanimous decision by the court that is counter to O’Brien’s claim.
“She’s taken a position that is unethical and she’s taken a position that is contrary to stare decisis (settled law) from the Illinois Supreme Court,” Burke said. “The citizens of this district expect more from someone running for the highest court in the state and they deserve more.”
Burke says claims in the ads he wants to ban abortion “are all fabrications” and that he has never made any statements or ruled on any abortion cases for the ad to cite.
Democrats have cited that Burke attended a pro-life charitable dinner earlier this year and have used it as a basis for what he supports.
“The cannons of ethics allow us to attend non-profit fundraisers and non-profit events as long as we do not publicly endorse or adopt the platform of those organizations,” Burke said. “I have never publicly adopted the platform of any organization, that one included. People can draw whatever inferences that want, but I’m not a person that imposes my personal beliefs on the legislation duly passed by the legislature and signed by the governor. I have a track record of not legislating from the bench.”
Burke, who has served as a circuit court judge, appellate justice, then as a Supreme Court justice since 2020, called the attacks “disappointing.”
Neither a spokesperson for O’Brien or a representative for the All for Fairness PAC returned messages from The Illinoize Monday.
Burke and O’Brien are facing off in the redrawn 3rd District on the court, comprising of DuPage, Will, Kankakee, LaSalle, Grundy, Iroquois, and Bureau counties. O’Brien was a State Representative from the Kankakee area before she was appointed to the Appellate Court in 2003.
