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Twice now, a federal judge has had to tell Letitia James that no matter how much she believes in abortion, she cannot use lawfare and censorship to try to shut down pro-life pregnancy centers.
A U.S. district court judge has issued another injunction against the effort by New York Attorney General Letitia James to silence several pro-life pregnancy centers from speaking about abortion pill reversal.
The hullabaloo all started in May when James announced that she would be suing Heartbeat International, a group that promotes abortion pill reversal, and 11 pro-life pregnancy centers operating in New York. She claimed that the process is dangerous and that the centers were engaging in false advertising.
So what is abortion pill reversal? When a woman starts an abortion via pills, also known as a chemical or medication abortion, she takes a two-pill regimen of mifepristone and misoprostol; the first pill blocks the hormone progesterone from reaching the fetus, which will eventually kill the child, while the second pill, taken several days later, forces the uterus to contract and expel the deceased baby.
Many women begin the abortion process but quickly regret their decision.
If a woman takes mifepristone and then decides sheโs made a mistake, progesterone administered in the right dosage and within a certain timeframe can be administered. If abortion reversal treatment is done with 24-72 hours, the effects of mifepristone can be reversed and the pregnancy normalized, without any ill effects to the baby.
Advocates note that abortion pill reversal has saved over 5,000 babies and has a 64-68 percent success rate.
Following Jamesโs plan to sue, several of the clinics, Summit Life Outreach Center, The Evergreen Association, and other pro-life clinics, with the help of the Thomas More Society, asked a judge to step in and protect their First Amendment rights.
On September 24, United States District Judge John Sinatra, Jr. granted an injunction immediately enjoining James or her office from enforcing or seeking to enforce New Yorkโs law regarding deceptive business practices against the clinics for statements they make promoting abortion pill reversal.
The injunction is similar to another granted by Sinatra in a different case against James.
In that ruling Sinatra protected the right of National Institute of Family and Life Advocates, Giannaโs House, and Options Care Center to speak about abortion pill reversal.
Peter Breen, vice president and head of litigation for Thomas More Society, responded to the second injunction by saying,
โThis injunction marks a critical victory for New Yorkโs pregnancy help organizations and another blow to Letitia Jamesโ unconstitutional witch-hunt against pro-life ministries. These small nonprofits, which exist to compassionately serve women and offer them alternatives to abortion, deserve to have their speech elevatedโnot chilled. This court order makes clear Ms. James cannot censor pro-life speech purely because she dislikes it.โ
Breen said he was โhopefulโ that this injunction would โbuttressโ the firmโs other case, the one brought by James against Heartbeat International and the 11 clinics. โThese pro-life ministries have a constitutional right to share information about Abortion Pill Reversal, and their message is saving thousands of lives,โ Breen stated.
Meanwhile, Barbara Bidak, who is the Executive Director of Summit Life Outreach Center, praised the ruling,
โOur staff and volunteers at Summit Life Outreach Center work tirelessly to provide life-affirming options for women in need. We’re incredibly pleased a federal judge has now made clear that Attorney General Letitia Jamesโ legal attacks on our state’s pro-life ministries unconstitutionally chills our First Amendment right to share the lifesaving message of Abortion Pill Reversalโwhich gives pregnant moms in the middle of a chemical abortion a second chance to choose life. We are grateful to Thomas More Society for stepping in to defend our rights and pressing this case in federal court.โ
Going after pro-life clinics isnโt something James decided to do unilaterally. This is part of a larger strategy to smear and discredit pro-lifers and take away the choices of pregnant women so more will abort their children. In fact, James is a bit of a latecomer in her efforts.
California Attorney General Rob Bonta sued Heartbeat International more than a year ago, claiming, like James, that there is no evidence to support abortion pill reversal. Thomas More also represents Heartbeat International in that case and has asked for it to be dismissed.
In the immediate wake of the overturning of Roe v. Wade, left-wing politicians began verbally attacking pro-life pregnancy centers, insisting that they were โfake clinicsโ that promoted deceptive business practices and harmed women.
Illinois Attorney General Kwame Raoul, D, went so far as to introduce state legislation โ which was then passedย by the legislature and signed by Gov. J.B. Pritzker โ that would charge, fine, and shut down any pregnancy center that did not offer abortion as engaging in deceptive business practices. A judge quickly deemed the law to be โpainfully and blatantlyโ unconstitutional, and Raoul has sinceย announcedย that he would no longer attempt to enforce the law.
In New Jersey, U.S. Rep. Josh Gottheimer, D, called pro-life centers โbrainwashing cult clinicsโ and announced his intent to shut them down.
Massachusetts Sen. Elizabeth Warren, D, said,
โIn Massachusetts right now those crisis pregnancy centers that are there to fool people who are looking for pregnancy termination help outnumber true abortion clinics by 3-to-1. We need to shut them down here in Massachusetts, and we need to shut them down all around the country.โ
Those are harsh words for volunteer organizations that provide free resources and services for pregnant women and families, including diapers, clothing, and other basic items; parenting classes; ultrasounds; and the medical capability to help a mother try to save her baby if she regrets starting a medication abortion.
While left-wing politicians may not like it, the First Amendment protects the right of pro-life centers to function and inform others about the options they provide to pregnant women. Thatโs why the First Amendment was written: to protect against power-hungry government officials who desire to shut down their opponents by shutting down their ability to speak.
Fortunately, dispassionate, constitutionally minded judges are successfully checking this power and standing up for free speech. Letโs pray that continues.
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