Tipsheet

Letitia James' Lawfare Against Pro-Life Groups Just Crashed and Burned

New York Attorney General Letitia James has crashed into a major roadblock in her war against pro-lifers in the state. An appeals court upheld a preliminary injunction blocking James from taking enforcement action against several pro-life, faith-based organizations that promote “abortion pill reversal” medication.

The U.S. Second Circuit Court of Appeals issued a ruling stating that James cannot threaten crisis pregnancy centers over “abortion pill reversal” (APR). These groups have touted the treatment as a way for mothers who change their minds after taking the abortion pill.

The ruling stems from a lawsuit James’ office filed against Heartbeat International and other pro-life organizations for promoting the treatment. She accused them of “repeated and persistent fraudulent and illegal conduct” for placing ads about APR  and advocating for alternatives to abortion. 

The lawsuit claimed these groups misled mothers by claiming APR is effective and safe. If these organizations continued to promote these treatments, they could face investigations, subpoenas, and other lawsuits. The plaintiffs argued that they had to stop promoting APR, which constitutes a violation of their First Amendment rights.

The Second Circuit sided with the plaintiffs, upholding a previous order barring James from enforcing the law against them. The judges concluded that the organizations’ advertisements were “noncommercial speech” that is “religiously and morally motivated” and given “without remuneration or other financial benefits.”

Since the state failed to show that restricting this type of speech could “survive strict scrutiny,” and because this First Amendment violation “constitutes irreparable injury,” the court decided to keep the injunction in place.

Abortion pill reversal is a treatment that involves women taking extra progesterone after having taken the abortion pill, mifepristone. Those who provide the treatment say that it can undermine mifepristone’s effects if they are given within 24 to 72 hours after taking it. Supporters point to stats showing that APR is effective in 50 to 60 percent of cases. 

Letitia James has been an avid user of lawfare against her political opponents. She led the lawsuit against President Donald Trump’s organization to influence the outcome of the 2024 election. But she has also used the justice system to attack other organizations that do not adhere to her ideology — like the National Rifle Association (NRA).

But in the case of pro-lifers, she sought to violate their free speech rights because they provide an alternative to one of the left’s most hallowed sacraments: abortion.

This was definitely the right ruling. The government should never be empowered to use its power to punish people simply for expressing views its authoritarian officials don’t like. This was never about fraud. It was about punishing speech, and it’s a good thing James’ efforts failed.