National Institute of Family and Life Advocates v. James

Description:  The New York attorney general is using her power to censor pro-life pregnancy centers because they tell women about the option of using progesterone for abortion pill reversal. She is unlawfully targeting pro-life pregnancy centers, threatening punishment for promoting and offering a service that gives women the option of changing their mind and attempting to save their baby’s life.

NEW YORK – The U.S. Court of Appeals for the 2nd Circuit ruled Monday that two nonprofit pro-life pregnancy centers in New York and a nonprofit network of affiliated centers, all represented by Alliance Defending Freedom attorneys, are free to tell women about the life-saving potential of using progesterone for abortion-pill reversal while their lawsuit continues.

Last year, New York Attorney General Letitia James sued 11 faith-based, life-affirming pregnancy 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 speech-intimidation effort triggered the preemptive lawsuit that the two pregnancy centers filed here.

“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 Senior Counsel Caroline Lindsay, who argued before the court. “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.”

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 National Institute of Family and Life Advocates v. James to the 2nd Circuit.

“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 benefit 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,” the court wrote in its opinion.

Progesterone is a safe and naturally occurring hormone that can be used to counteract the life-ending effects of mifepristone when taken in time. The body naturally produces progesterone to sustain pregnancy, and medical professionals have safely and effectively used it for decades to prevent miscarriage and preterm labor.

Multiple studies 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.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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