Court Frees NY Pregnancy Centers to Tell Women About Abortion Pill Reversal

A federal appeals court has ruled pregnancy resource centers are free to inform women about the life-saving potential of abortion pill reversal.

Last year, New York Attorney General Letitia “Tish” James sued 11 faith-based, pro-life pregnancy resource centers to silence their speech about abortion pill reversal (APR), a protocol that counteracts the effects of the abortion drug mifepristone using supplemental progesterone.

Many women, after taking mifepristone, immediately regret their decision. Studies show that 64-68% of women who take progesterone within 72 hours of having taken the abortion pill are able save their preborn child’s life. Rebekah Buell Hagan has shared her powerful testimony of using APR in this way.

Attorney General James alleged – despite contrary evidence – the pregnancy centers are spreading “false and misleading” information about APR, which she deemed an “unproven treatment.” James – ignoring the fact over 900 babies have been saved through APR – claimed the centers were engaged in “fraud, deceptive business practices, and false advertising under New York Law” by promoting APR.

James filed her lawsuit against Heartbeat International, Inc. and 11 pregnancy resource centers throughout New York. None of those centers are plaintiffs in this case.

In August 2024, the National Institute of Family Life Advocates (NIFLA), Gianna’s House, and Options Care Center filed a preemptive lawsuit in federal court to protect their First Amendment right to inform women about the life-saving potential of APR.

After a federal district court ruled in their favor, preventing Attorney General James from violating the organizations’ constitutional rights while the case proceeds, James then appealed the case to the 2nd U.S. Circuit Court of Appeals.

On December 1, the 2nd Circuit handed down its unanimous opinion in favor of the pregnancy centers.

“The district court correctly determined that the speech at issue is noncommercial because … the speech is religiously and morally motivated, the NIFLA plaintiffs receive no remuneration or other financial benefits for engaging in it, and, as the NIFLA plaintiffs do not provide APR themselves, the speech serves only to provide the public with information about APR and access to third-party providers that can offer APR,” Judge Joseph Bianco, a nominee of President Donald Trump, explained.

He was joined by Judges Eunice Lee and Alison Nathan, both nominees of former President Joe Biden.

“We also discern no error in the district court’s determination that, given that the NIFLA plaintiffs will likely establish that they have suffered a constitutional injury, the remaining preliminary injunction requirements have been met. Accordingly, we AFFIRM the order of the district court.”

“Many women regret their abortions, and some change their minds after taking the first abortion drug and want to try to save their unborn babies’ lives,” said Alliance Defending Freedom Senior Counsel Caroline Lindsay in a statement after the court’s ruling. “They should be allowed to hear about this option and make that choice.”

Lindsay added,

The court is correct to affirm that women in New York have the right to access information about safe and effective supplemental progesterone through their local pregnancy centers, regardless of what the attorney general may personally believe.
The First Amendment clearly protects the right to speak and hear about this potentially life-saving option.

While Attorney General James claims APR is “untested,” she apparently has no concern for the harmful effects of the abortion pill itself or limiting the number of dangerous abortions in New York.

Earlier this year, the Ethics and Public Policy Center released a study finding that almost 11% of women who are prescribed mifepristone experience sepsis, infection, hemorrhaging or another serious adverse event after a chemical abortion. Women were 22 times more likely to be harmed by mifepristone than the U.S. Food and Drug Administration previously acknowledged.

In response, the FDA launched an investigation into mifepristone and its negative impact on women’s health. That investigation remains ongoing.

Following the study’s release, Dr. Bill Lile and Robyn Chambers, Vice President of Advocacy for Children at Focus on the Family, appeared on an episode of Focus on the Family with Jim Daly to discuss it:

We should all be grateful the 2nd Circuit has upheld pregnancy resource centers’ constitutional rights, knowing preborn babies will likely be saved as a result.

The case is National Institute of Family and Life Advocates v. James.

To learn more about the abortion pill reversal protocol, visit abortionpillreversal.com or call 1-877-558-0333 to be connected with a medical professional who can guide callers through the process of reversing the pill’s effects.

If you are experiencing an unexpected pregnancy and want to learn more about your options, you can visit My Choice Network.

Related articles and resources:

My Choice Network

Counseling Consultation & Referrals

I’m Pregnant, Now What?

Dealing With Unplanned Pregnancy

The Abortion Pill: How Does It Work?

Abortion Pill Reversal

When It’s Not Too Late for an Abortion Pill Reversal

Become an Option Ultrasound Life Advocate

FDA Launches Review of Abortion Pill and the Harms it Causes Women

RFK Jr. Announces ‘Complete Review’ of Abortion Pill After ‘Alarming’ New Study Reveals Dangers

New Abortion Pill Study Confirms Danger to Mothers

Photo from Alliance Defending Freedom.