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Another Court Win for New York Pregnancy Centers

September 30, 2024

Two more pro-life pregnancy resource centers who wish to promote abortion pill reversal (APR) won a preliminary injunction last Tuesday, which protects them from prosecution by New York Attorney General Letitia James (D). “The federal judge has said … that the attorney general is not allowed to curtail their speech, that this is a violation of their First Amendment rights,” described Mary Szoch, director of the Center for Human Dignity at Family Research Council, in an interview on “Washington Watch” last week.

The controversy originated in May, when “Attorney General Letitia James actually sued 11 pregnancy resource centers and Heartbeat International in New York for their advertisement of abortion pill reversal,” Szoch explained. “She falsely claimed that this was deceptive advertising. She claimed that abortion pill reversal is unsafe and that it’s ineffective, both of which are not true. … She attempted to silence them and … to extract payment for having previously advertised this.”

On August 23, U.S. district judge John L. Sinatra, Jr., a Trump appointee, issued a preliminary injunction against the state of New York, finding that the pregnancy centers were “likely to succeed on the merits of their First Amendment Free Speech claim.” The injunction only applied to the parties in the lawsuit, who had been targeted by James.

In response to that ruling, two more centers in New York, Summit Life Outreach Center and The Evergreen Association, also requested a preliminary injunction. They had not been sued by James, but they wished to share information about APR. “Their speech was understandably curtailed because of her original attempt to silence those 11 pregnancy resource centers,” said Szoch.

According to the judge’s September 24 order, the centers are free to make “statements using the terms ‘Abortion Pill Reversal’ or ‘APR’ related to chemical abortions; statements referring to the APR Hotline or AportionPillReversal.com; Statements indicating that Abortion Pill Reversal (or APR), or progesterone, is safe; and statements that Abortion Pill Reversal (or APR), or progesterone, is effective.”

“Once women take that first pill, that mifepristone pill, a number of women immediately experience regret,” described Szoch. “They recognize that perhaps there is a way forward for them and their unborn child, and many women frantically search the internet for some way to reverse what they have done. And these pregnancy resource centers are providing that lifeline to these mothers.”

On the other hand, New York’s “claims that the abortion pill reversal is ineffective and unsafe are completely unfounded,” Szoch continued. “Abortion pill reversal is effective over 60% of the time, if it’s taken within 72 hours of ingesting that first drug, mifepristone. And the use of progesterone to aid the continuation of pregnancy is incredibly safe. It’s often even given to women who experience repeat miscarriages like myself to help them carry a child to term.”

In other words, APR “is not something that pro-lifers are just pulling out of the blue and just trying for fun,” she said. “This is a proven method of helping women to continue pregnancy, and it’s effective. And that’s why the pro-abortion industry [crowd] hates it.”

“It is interesting, in light of the pro-woman, pro-choice narrative that they have created, that they would take the position that you’re not allowed to change your mind” about a chemical abortion, replied guest host Joseph Backholm, senior fellow for Biblical Worldview and Strategic Engagement at Family Research Council. “This is an attempt not to promote choice, but to promote abortion.”

“It’s really puzzling and saddening,” reflected Szoch, that Attorney General James “does not want women … to know that they, in fact, could have a chance of reversing the effects of [the first chemical abortion] drug. She wants them to think that once they have taken that drug — which often is done on impulse — that it is a one-and-done thing.”

For now, a handful of pregnancy resource centers in New York retain the right to inform women about how to reverse the effects of the chemical abortion pill, and more have regained that right with a lawsuit. “This injunction was tailored toward two pregnancy resource centers … that sued the attorney general,” said Szoch, “but we can expect to see this type of thing continue.”

Joshua Arnold is a senior writer at The Washington Stand.