Alliance Defending Freedom (ADF) attorneys have filed an appeal with the U.S. Court of Appeals for the 9th Circuit on behalf of the National Institute of Family and Life Advocates (NIFLA) and SCV Pregnancy Center, challenging California Attorney General Rob Bonta’s efforts to restrict information about abortion pill reversal.
The appeal in National Institute of Family and Life Advocates v. Bonta seeks to protect the centers’ right to inform women that supplemental progesterone may be able to counteract the effects of mifepristone, the first drug in a chemical abortion regimen.
NIFLA and SCV Pregnancy Center argue that Attorney General Bonta is censoring their scientifically backed speech about abortion pill reversal, a process that pregnancy centers wish to inform women about as a potential option if they change their minds after taking the first abortion drug. They contend that if treatment is sought within 72 hours, it may be possible to reverse the effects of mifepristone and potentially save the pregnancy.
“Access to information is a hallmark of a free society and is essential to making informed medical choices,” stated ADF Senior Counsel Caleb Dalton. “Every woman should have the option to reconsider going through with a chemical abortion, and the pro-life pregnancy centers we represent truthfully inform women about that choice. We urge the court to affirm the pregnancy centers’ freedom to tell the public about this lawful, life-saving treatment and end the attorney general’s censorship.”
The legal action follows a September 2023 lawsuit filed by Attorney General Bonta against Heartbeat International and RealOptions Obria Medical Clinics for publishing information about abortion pill reversal, including the assertion that progesterone therapy is safe and can be effective. ADF attorneys argue that Bonta’s lawsuit, motivated by political reasons, threatens other pregnancy centers in California that currently provide or wish to provide similar information. Consequently, ADF filed a separate lawsuit on behalf of NIFLA and SCV.
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A federal district court previously denied the pregnancy centers’ request to halt the alleged censorship while the case proceeds, leading to the current appeal to the 9th Circuit.
The appeal highlights the experiences of two California mothers, Atoria Foley and Desirae Exendine, who reportedly regretted taking mifepristone and sought out abortion pill reversal treatment through NIFLA-affiliated pregnancy centers. According to the appeal, both women received progesterone treatment and subsequently gave birth to healthy children.
The appeal further emphasizes that progesterone is a naturally occurring hormone crucial for sustaining pregnancy and has a long history of use in preventing miscarriage and preterm labor. Citing statistics that suggest over 6,000 unborn lives have been saved through abortion pill reversal and a study indicating a 64-68% success rate, ADF attorneys argue that Bonta is targeting these centers due to their pro-life stance and the content of their speech, which they assert is a violation of the First Amendment.
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