ADF attorneys represent two nonprofit pro-life pregnancy centers in New York and a nonprofit network of affiliated centers that are asking the court to extend its protections to NIFLA’s New York members while the lawsuit continues, so they can tell women about the life-saving potential of progesterone for abortion-pill reversal.
“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. They should be allowed to hear about this option and make that choice,” said ADF Legal Counsel Gabriella McIntyre, who will argue before the court. “Women in New York have the right to access information about this potentially life-saving option.”
In 2024, New York Attorney General Letitia James sued 11 faith-based, life-affirming pregnancy centers and a network of affiliated centers in state court in an effort to silence their speech about counteracting the effects of the abortion drug mifepristone using supplemental progesterone, a treatment commonly known as “abortion-pill reversal.” Her enforcement action alleges—despite contrary evidence—that those centers are spreading “false and misleading” information in violation of state business fraud laws. That censorship effort triggered this preemptive lawsuit.
In August 2024, the National Institute of Family and Life Advocates, Gianna’s House, and Options Care Center sued in federal court to protect their First Amendment right to tell women about the life-saving potential of supplemental progesterone. A federal district court ruled in their favor, halting the attorney general from violating their constitutional right to freedom of speech while the case proceeded. James then appealed the case to the U.S. Court of Appeals for the 2nd Circuit, which affirmed the district court’s protections.
Progesterone is a naturally occurring pregnancy hormone that can be used to attempt to counteract the life-ending effects of mifepristone.
Multiple resources support the information the centers wish to provide women. Statistics show that abortion-pill reversal has likely saved more than 7,000 unborn lives, and current research demonstrates a success rate of up to 64-68%, yet James is trying to censor speech about the life-saving treatment by targeting pregnancy centers based on the content and viewpoint of their speech. Women deserve to hear this information.
