A federal appeals court ruled Monday that New York cannot, at least for now, regulate statements by faith-based pregnancy centers promoting “abortion pill reversal,” finding their speech is likely protected under the First Amendment.
The Second Circuit Court of Appeals affirmed a preliminary injunction blocking Attorney General Letitia James from pursuing enforcement actions against three pro-life organizations that provide information about a protocol intended to counteract medication-induced abortions.
The abortion pill reversal protocol is intended for women who have taken oral medication to end a pregnancy, and then decided they wish to continue the pregnancy. It involves administering progesterone supplements in an attempt to overwhelm the effects of mifepristone and allow the pregnancy to proceed.
The protocol’s safety and efficacy remain disputed. The American College of Obstetricians and Gynecologists warns that claims about the protocol’s efficacy “are not based on science and do not meet clinical standards.” Advocates such as the Abortion Pill Rescue Network claim “initial studies…have shown [the protocol] has a 64-68% success rate.”
The plaintiffs before the Second Circuit are faith-based organizations wishing to inform women about the option of abortion reversal protocol. The court held that because the groups’ statements are religiously motivated, they receive no payment for services or referrals, and they do not administer the treatment themselves, their speech is noncommercial and subject to strict constitutional scrutiny the state could not meet.
James had filed a separate enforcement action in May 2024 against Heartbeat International and 11 affiliated organizations over similar statements about abortion pill reversal. The plaintiffs in the present case—the National Institute of Family and Life Advocates, Gianna’s House and Options Care Center—were not defendants in that action but said they removed their own materials and stopped making similar statements for fear of facing the same enforcement efforts.
The ruling comes amid intensified legal battles over reproductive rights following the Supreme Court’s 2022 Dobbs decision overturning Roe v. Wade.
The ruling is preliminary. The court noted that its decision “does not determine the ultimate constitutionality” of New York’s enforcement efforts, which await further briefing and discovery.
