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CARO v. WHITAKER

No. 1-06-1243.

898 N.E.2d 1110 (2008)

Richard P. CARO, a State of Illinois Taxpayer on behalf of and for the Benefit of the Taxpayers of the State of Illinois, Plaintiff-Appellant, v. Eric E. WHITAKER, Director of the Illinois Department of Public Health, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied January 13, 2009.

Attorney(s) appearing for the Case

Richard P. Caro, Riverside, pro se, Appellant.

Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General, Chicago (Brett E. Legner, Assistant Attorney General, of counsel), for Appellee.

Justice CUNNINGHAM delivered the opinion of the court:

The plaintiff, Richard Caro, filed a lawsuit in the circuit court of Cook County against Eric Whitaker, M.D., Director of the Illinois Department of Public Health, to enjoin disbursement of funds for stem cell research mandated by two executive orders of the Governor of Illinois. The trial court dismissed the lawsuit and ruled that the lawsuit was a nonjusticiable political question, inappropriate for judicial...

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