State attorneys general are duty-bound to seek justice for the weak and powerless, not to use their immense power to harass them. But New York Attorney General Letitia James’ policing of private conversations about the abortion pill reversal (APR) protocol amounts to a cynical abuse of state power.
Two years ago, James launched a legal assault on Heartbeat International and 11 affiliated pregnancy centers in New York. She claimed the centers and Heartbeat — the largest network of pregnancy help organizations in the world — had engaged in false advertising, supposedly deceiving women by sharing scientific findings supporting the safety and effectiveness of APR.
APR is a safe and effective way for a woman to improve her odds of continuing her pregnancy to term after she has ingested mifepristone — the first pill in an abortion drug regimen designed to block progesterone from the growing baby. A worldwide network of more than 1,500 health care professionals is available to prescribe bioidentical progesterone to counteract the mifepristone in order to reverse its effects. Most notably, statistics suggest that more than 8,000 babies have been saved through the abortion pill reversal protocol.
Thousands of smiling — living — babies and emotional testimonies of grateful moms illustrate the success of a chosen medical treatment. And James “has no business butting into the intimate medical decision of [a] … mother.” It’s why Heartbeat and its New York affiliates filed their own lawsuit, arguing that defendant James has provided “no evidence of fraud, misrepresentation, material omission, or harm to anyone” in providing free services or speaking about the safety and efficacy of APR.
This week, Heartbeat and its affiliates have their day in court. On Wednesday, April 15, their attorneys argued that James’ hostile lawsuit should be dismissed because it targets free speech and participation in public debate. James’ lawsuit is a classic Strategic Lawsuit Against Public Participation (SLAPP). Or, more bluntly, James’ efforts amount to a bully’s legal slap in the face to keep small pro-life nonprofits from sharing a life-saving message she doesn’t like.
Her friends have called her a “voice for the voiceless.” She claims to “speak truth to power, and challenge the status quo.” And she frequently talks of “using [her] position to address the needs of those who are locked out of the sunshine of opportunity.”
But the attorney general ought not ignore the U.S. Supreme Court’s recent defense of free speech rights, even when offering medical services. At the end of March, the court delivered an 8-1 decision in Chiles v. Salazar, noting that counseling conversations are speech and Colorado cannot silence viewpoints in the counseling room. The majority warned that “[t]oday, tomorrow, and forever, too, any professional speech that deviates from ‘current beliefs about the safety and efficacy of various medical treatments’ could be silenced with relative ease.”
Sensitive to the danger of stifling innovation in medicine, they continued, “Medical consensus, too, is not static; it evolves and always has. A prevailing standard of care may reflect what most practitioners believe today, but it cannot mark the outer boundary of what they may say tomorrow.”
New Yorkers may be loath to learn lessons from “flyover country.” But James would be wise to avoid Colorado’s mistakes. The majority closed with these words: “Colorado may regard its policy as essential to public health and safety. Certainly, censorious governments throughout history have believed the same. But the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”
This isn’t Colorado’s first misstep on matters of political and medical censorship. Back in January, the state paid out over $6 million after its illegal attempt to ban abortion pill reversal — the very same protocol James is targeting.
James’ legal crusade against pregnancy centers and moms looking for a second chance at choice is bad enough. But if she truly wants to be a “voice for the voiceless” and follow the First Amendment, James will stop slamming the door on the precious unborn children at the highest risk of being “locked out of the sunshine of opportunity.”
