Judge blocks NY AG James from going after pregnancy centers over abortion reversal pill

A federal judge this week issued New York Attorney General Letitia James a preliminary injunction that bars her from taking action against pregnancy clinics on the grounds it would restrict free speech. 

“In sum, on this record, Plaintiffs have standing,” Judge John L. Sinatra, Jr., a Trump appointee, wrote. “No abstention doctrine applies. And no other prudential, discretionary or equitable obstacle to such relief exists.

“Based on a careful application of the preliminary injunction factors, especially as they relate to Plaintiffs’ First Amendment Free Speech claim, motion for a preliminary injunction is granted.”

The judge ordered that James “in her official capacity, as well as her officers, agents, employees, attorneys and all persons in active concert or participation with her” are enjoined from enforcing consumer fraud laws against the National Institute of Family and Life Advocates; Gianna’s House, Inc.; and Choose Life of Jamestown Inc. for discussing and promoting the abortion pill reversal procedure. 

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James had sued Heartbeat International and 11 centers that promoted the abortion pill reversal procedure, accusing the parties of engaging in fraud, deceptive business practices and false advertising. James claimed the groups were “spreading dangerous misinformation by advertising … without any medical and scientific proof.”

Medicinal abortion involves taking mifepristone and following it with treatment of misoprostol days later, but pregnancy clinics have advised that those who change their minds and want to continue the pregnancy can do so by abandoning the second drug and instead taking doses of progesterone. The American College of Obstetricians and Gynecologists says the safety and efficacy remain unsupported. 

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Mifepristone and misoprostol pills are pictured Oct. 3, 2018, in Skokie, Ill.  (Erin Hooley/Chicago Tribune/Tribune News Service via Getty Images)

The injunction will remain in place pending disposition of the case, Sinatra’s order says. The order only applies to the named plaintiffs, who are represented by the Alliance Defending Freedom (ADF), which touted the ruling as a significant victory. 

“The court was right to affirm the pregnancy centers’ freedom to tell interested women about this life-saving treatment option,” ADF Senior Counsel Caleb Dalton said in a statement posted on the ADF website. Dalton also argued the case before the court on behalf of the plaintiffs. 

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New York Attorney General Letitia James speaks to hundreds of people in Foley Square during a protest in Manhattan to show support for abortion rights in the United States May 3, 2022, in New York City.  (Pablo Monsalve/VIEWpress via Getty Images)

The lawsuit had accused James of wrongfully targeting the groups because of their viewpoints, specifically in relation to the pill, which has proven a contentious issue over the past year. Colorado similarly found itself entangled in a legal battle over the pill, ultimately leading to an injunction. 

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U.S. District Judge Daniel Domenico, another Trump appointee, agreed that banning the medication likely violated the U.S. Constitution. Though, in that case, he leaned on the guarantee of religious freedom as justification. 

The New York Attorney General’s office did not respond to a Digital request for comment before publication. 

Reuters contributed to this report.