September 12, 2023

Oregon Right to Life Sues over Abortion Coverage Mandate

On September 5, Oregon Right to Life (ORTL) filed a lawsuit in federal court to challenge Oregon's abortion coverage mandate for employee health plans.

Oregon's 2017 Reproductive Health Equity Act includes exceptions for religious organizations, but ORTL does not qualify as a religious organization under the law's definition. The definition only applies to organizations that primarily serve people with the same religious beliefs.

“As a pro-life organization, no one questions that we hold deep moral objections to abortion,” said ORTL executive director Lois Anderson in a statement. “We are only asking for what every American expects, to be free to live according to our conscience and operate our organization according to our sincerely held belief that unborn human beings deserve protection from the violence of abortion.”

ORTL's press release continues, "Because Oregon’s Mandate allows exceptions, Oregon must prove a compelling reason for not allowing ORTL an exception. But the courts have already rejected the reasons Oregon might assert as not compelling. For example, because ORTL’s employees agree with ORTL’s beliefs, Oregon has no compelling reason to require coverage since the employees don’t want it. So ORTL should get an exception."

ORTL compares this case to a similar abortion coverage mandate levied by California. In the Supreme Court's 2021 decision, Fulton v. City of Philadelphia, the court found that California violated the First Amendment religious liberty protections of churches.

September 11, 2023

Planned Parenthood Sues Overturn Law Allowing Whistleblowers to Report Fraud

On September 1, Planned Parenthood filed a lawsuit against the federal government in an attempt to overturn a provision of the False Claims Act (FCA). The portion in question allows private citizens to sue under the FCA if they believe a defendant has fraudulently used taxpayer dollars.

If a citizen chooses to sue under the FCA, the federal government can decide whether to investigate. If the government steps in and the case succeeds, the citizen can receive some of the recovered funding.

Planned Parenthood argued that the law allows private citizens to take the role of government officials enforcing the law, violating a US Constitutional provision that such officials be appointed by the president and confirmed by the Senate.

“In fact, FCA relators are not ‘appointed’ to their positions by anyone other than themselves,” Planned Parenthood said.

Planned Parenthood cited opinions by Supreme Court Justices Clarence Thomas, Brett Kavanaugh, and Amy Coney Barrett in FCA-related cases.

In recent years, a whistleblower alleged that Planned Parenthood defrauded Texas's state Medicaid program of $10 million after Texas removed the abortion giant as a Medicaid provider. Planned Parenthood was released after the Center for Medical Progress exposed the organization for trafficking in body parts harvested from aborted children. Those funds are currently being pursued.

“It is unthinkable that Planned Parenthood would continue to take advantage of funding knowing they were not entitled to keep it,” Texas Attorney General Ken Paxton said. “I will not allow them to benefit from this abhorrent conduct after they were caught violating medical standards and lying to law enforcement.”

September 8, 2023

Woman Sues Planned Parenthood after Misdiagnosis Leads to Potential Infertility

Kipenzi Chidinma is suing Planned Parenthood Pasadena and San Gabriel Valley for malpractice after their misdiagnosis led to injury and potential infertility.

Chidinma visited Planned Parenthood in March of 2022 to speak with a doctor. Chidinma was experiencing abnormally heavy vaginal bleeding, headaches, hormonal imbalance, and bloating. She also told Planned Parenthood's doctor, Catherine Khoo, that she had a mass in her stomach. Chidinma requested an ultrasound, but Khoo refused.

Chidinma's lawsuit states, “Despite plaintiff’s repeated efforts, (Planned Parenthood) utilized their position of superior knowledge and wrongfully, negligently and incorrectly diagnosed plaintiff with simple constipation.”

For several months, Planned Parenthood also denied Chidinma's requests for additional testing and referral to a specialist. As her condition worsened, she eventually learned that Planned Parenthood didn't even have an ultrasound machine. When Planned Parenthood finally provided a referral, Chidinma found that she had large, advanced fibroids in her uterus.

Uterine fibroids are known to cause infertility in some cases. Because Planned Parenthood did not assist Chidinma when she informed them of her symptoms, her condition has developed to the point that only surgical treatments remain. Chidinma may have to undergo a hysterectomy, which would remove her uterus entirely.

September 7, 2023

California Pays $192,706 to Settle Buffer Zone Lawsuit

Right to Life of Central California Sidewalk Counselors
California officials have agreed to settle a lawsuit brought against the state's buffer zone law by pro-life advocates.

California SB 742, which was signed into law by pro-abortion Gov. Gavin Newsom (D) in 2021, prohibited certain speech within 100 feet of a "vaccination site." Prohibited actions include approaching a person for conversation without consent, moving toward someone while holding a sign, or offering written materials.

These prohibitions applied even if the speaker is on his own property if it is within 100 feet of a "vaccination site." This was a particular issue for Right to Life of Central California, which was situated next door to a Planned Parenthood abortion clinic. Because Planned Parenthood offers HPV vaccines, SB 742 prohibited Right to Life of Central California from offering pro-life resources on its own property.

Alliance Defending Freedom represented Right to Life of Central California in this case.

“Women facing unplanned pregnancies deserve to have full support and resources available to them when they choose life for their unborn children, yet the state of California unconstitutionally tried to silence the voices of those advocating on their behalf,” said ADF Senior Counsel Denise Harle. “This is a significant victory not only for our client, Right to Life, but for every other speaker in California. The First Amendment protects every Californian, regardless of their viewpoint. Now Right to Life’s staff and volunteers can continue their critical mission of serving vulnerable women in the central California region with their free, life-giving services.”

As part of the settlement, California officials are prohibited from enforcing discriminatory parts of SB 742 against Right to Life of Central California or any other speaker. The state will also pay $192,706 in attorney fees to Right to Life of Central California.

September 6, 2023

Judge Pauses Order Against Southwest Airlines in Pro-Life Firing Case

On August 24, a federal judge put a 30-day pause on an order requiring Southwest Airlines lawyers to take religious freedom training. The training was court-ordered after Southwest fired a flight attendant for voicing pro-life opinions in opposition to her union leader.

US District Judge Brantley Starr ordered Southwest to pay $800,000 to Charlene Carter (the fired flight attendant) and rehire Carter at her previous position.

Southwest was required to inform employees that it cannot discriminate against employees based on their religious beliefs. Instead told employees in a memo that it "does not discriminate against our employees for their religious practices and beliefs." Southwest's statement failed to comply with the court's order by denying wrongdoing after the airline was found guilty.

After Southwest failed to comply with the court order, Starr ordered the airline to issue a court-written statement to its employees. Further, it ordered three lawyers at Southwest to undergo "training on religious freedom" from an attorney from Alliance Defending Freedom.

Starr delayed the enforcement of his order because Southwest appealed his decision to the 5th Circuit Court of Appeals. The delay gives the 5th Circuit time to consider the case.

Click here to read more.

September 5, 2023

American College of OB/GYNs Announces Support for Abortion "without limitations"

The American College of Obstetrics and Gynecologists (ACOG) announced in an op-ed to the Washington Post that it supports abortion "without restrictions, without limitations, and without barriers."

The pro-abortion op-ed was penned by ACOG interim chief executive Christopher Zahn and Society of Family Planning (SFP) interim director of advocacy & public affairs Jenni Villavicencio. The pair wrote this op-ed in response to a pro-life op-ed by Kellyanne Conway and SBA Pro-Life president Marjorie Dannenfelser. The pro-lifers op-ed was titled "Republicans need to go on the offense about abortion."

Zahn and Villavicencio accuse pro-lifers of misleading Americans on the safety of abortion. Not only did they claim that abortion is safe, refusing to acknowledge that a "successful" abortion always takes a human life, but they argued that abortion "improves and saves lives."

They concluded, “Abortion is safe. It improves and saves lives, and it must be available without restrictions, without limitations and without barriers — just as any other critical part of health care.”

“As an obstetrician for the last 30 years, I have advocated and cared for both of my patients — mothers and their unborn children,” said Dr. Ingrid Skop, M.D., F.A.C.O.G., a board-certified OB/GYN and vice president and director of medical affairs at Charlotte Lozier Institute. “This brazen proclamation from ACOG, while sad to see, is reflective of a discouraging new reality: In ACOG’s leadership and the broader medical community, there’s no place for dissent on the issue of unlimited abortion for any reason, at any time during pregnancy.”

She added, “We are witnessing, in real time, a vocal, political takeover of a scientific community that represents the most honorable and beautiful profession, responsible for safely bringing new life into the world.”

September 1, 2023

"Dr. Death" Euthanasia Org Approved for Non-Profit Status

Americans can now give tax-deductible donations to fund the creation of Philip "Dr. Death" Nitschke's suicide machines.

Nitschke is an Australian assisted suicide activist known for developing machines that perform euthanasia. Nietchke's projects include a "death switch" to be implanted in the bodies of those with dementia, an AI tool that would determine a person's "mental capacity" to choose suicide, and the 3-D printed "Sarco" machine.

Sarco (based on sarcophagus) is a coffin-sized machine that an assisted suicide victim would lay inside. After the person is sealed inside the Sarco, it would fill with nitrogen gas. This would cause the victim to pass out. Then, the machine drops the interior oxygen levels to zero. The person inside asphyxiates. Afterward, to save on cost, the device can serve as the victim's burial coffin.

Nitschke's primary organization, Exit International, even entices foreigners to travel to Switzerland to be killed.

By virtue of granting 501-(c)3 non-profit status to his spinoff organization, Exit Generation, Americans can get tax deductions to fund the killing of vulnerable adults. Those who suffer from chronic illness or depression deserve compassion, not death.

August 31, 2023

Flossmoor Planned Parenthood Hospitalizes Two Women within Two Weeks

The Planned Parenthood abortion clinic in Flossmoor, Illinois hospitalized two women within a two-week span in July.

Operation Rescue, a pro-life organization that documents medical emergencies caused by abortion businesses, obtained 911 records for both incidents. The first occurred on July 13, and the second occurred on July 25. You can listen to recordings of the 911 calls here.

On July 13, a Planned Parenthood employee called 911 to request an ambulance for a 29-year-old woman. The patient was having a seizure following an abortion she received 45 minutes prior.

During a surgical abortion, seizures could be caused by accidental intravascular injection of anesthetic or blood loss from uterine perforation.


Abortion via pill could also cause seizures. Misoprostol, the second pill in the abortion pill regimen, can cause hemorrhaging and lead to seizures.

On July 25, a different employee called 911 to request an ambulance for a woman with "uncontrolled bleeding from the cervix." This is most likely caused by uterine perforation during a surgical abortion.

Operation Rescue only obtains 911 records for emergencies after they are reported by pro-life sidewalk counselors or other witnesses.

August 30, 2023

Pro-Lifers Incarcerated after Guilty Verdict in DC FACE Act Trial

On August 29, a jury in Washington DC found five pro-life activists guilty of conspiracy against rights and violating the Freedom of Access to Clinic Entrances (FACE) Act. The group was immediately incarcerated since the act of blocking access to a DC abortion business was deemed "violent."

After Roe v. Wade was overturned, President Biden's administration made abortion one of its top priorities. This shift in priorities included directing the Department of Justice to increase its enforcement of FACE. The prosecution in this case was led by government attorney Sanjay Patel, the same attorney who failed to prosecute Mark Houck.

The FACE Act prohibits “violent, threatening, damaging, and obstructive conduct intended to injure, intimidate, or interfere with the right to seek, obtain, or provide reproductive health services.”

Nine pro-life activists were indicted in connection with an October 2020 rescue, but only five of them stood trial in this case. The others will stand trial in September.

The full list of pro-lifers involved includes Lauren Handy, 29; Jonathan Darnel, 40; Jay Smith, 32; Paulette Harlow, 73; Jean Marshall, 72; John Hinshaw, 67, Heather Idoni, 61;  William Goodman, 52; and Joan Bell, 74; and Herb Geraghty, 25.

Handy, Geraghty, Idoni, Goodman, and Hinshaw were found guilty on August 29.

“Handy, Smith, Harlow, Marshall, Hinshaw, Idoni, Goodman and Bell forcefully entered the clinic and set about blockading two clinic doors using their bodies, furniture, chains and ropes,” a DOJ press release said. “Once the blockade was established, Darnel live-streamed footage of his co-defendants’ activities.”

Thomas More Society Senior Counsel Steve Crampton represented the pro-lifers. He criticized the DC jury's decision:
"In an unexpected twist, the Court found that because the violation of FACE — in this case — was a crime of ‘violence,’ all five defendants must be immediately incarcerated. So, the defendants were led out of the courtroom by an army of U.S. Marshals.

This is an outrage, and the one thing the defendants had really agreed upon was to remain non-violent. The real violence is what happens during the abortion procedure."
The first five pro-lifers now await sentencing. This could include up to 10 years for the conspiracy charge, one additional year for the FACE Act violation, $350,000 in fines, and three years of supervised release.

August 29, 2023

Clinic for Women Employee Caught Illegally Selling Abortion Drugs from Home

Pro-lifers in Danville Rallying Against Clinic for Women
photo credit: Mark Lee Dickson
On August 23, an employee of Clinic for Women, the Indianapolis-based abortion business currently in the process of relocating to Danville, Illinois, was caught illegally selling abortion pills out of her home.

Real News Michiana (RNM) reporter Clifton French "posed as an 8-week pregnant transgender man by the name of Randall Fisher attempting to schedule an appointment in the hopes that the clinic would confirm their [Indianapa location's] closure." Clinic employee Bridget Bridgeforth took down the reporter's phone number and called him back several hours later, offering to sell abortion pills at her home for $500.

Abortion is now illegal in Indiana, barring exceptions for rape, incest, fatal fetal diagnoses, or if the mother's life is at risk. Bridgeforth admitted this in her conversation with French, saying that they should pretend the transaction occurred before the law went into effect.

Audio recordings of each phone call are available on RNM's website.

After these discussions, RNM reported the incident to the Indiana Attorney General's Office. The news outlet also found court records indicating Bridgeforth had at least three arrests on her record for possession of illegal drugs.

RNM followed up Clinic for Women as well. Clinic Director LaDonna Prince claimed to be unaware of Bridgeforth's actions. After RNM provided recordings, she said that she would contact the police.

August 28, 2023

Chicago Alderman Pushes for "Noise-Free" Buffer Zones

Chicago Ward 34 Alderman Bill Conway (D)
Chicago Ward 34 Alderman Bill Conway (D) announced that he hopes to further impede pro-life advocates' freedom of speech by creating a "quiet zone" outside abortion businesses. Chicago's 2009 "bubble zone" ordinance already prohibits pro-lifers from approaching others within 50 feet of an abortion business's entrance. 

“They’re yelling at them, chanting, speaking through a bullhorn towards them. I’ve seen them handing out literature as well. It’s really all of the above,” Conway told Block Club Chicago. “All of this, of course, is meant to intimidate people seeking services or discourage them from getting access to health care at all.”

“People probably think this doesn’t happen in Chicago, and it does,” he said. “I think this shows that we really need to increase our efforts across every level of government to make sure folks can access health care and exercise their constitutional rights.”

Ironically, pro-life advocates are incentivized to use voice amplifiers due to the buffer zone ordinance. If sidewalk counselors are legally prohibited from speaking to women at a normal conversation range, it is the only logical way that they can offer assistance to abortion-vulnerable women.

Block Club reports that Conway will need to work with the Chicago Department of Health and the police department to designate a noise-sensitive area. Then, city leaders would need to pass an ordinance.

This follows the July "transition report" released by Chicago Mayor Brandon Johnson (D); in which he announced plans to prosecute pro-life sidewalk counselors for disorderly conduct.

August 25, 2023

South Carolina Supreme Court Upholds Heartbeat Law

On August 23, the South Carolina Supreme Court decided 4-1 to uphold the state's new law protecting pre-born children at six weeks gestation.

South Carolina's “Fetal Heartbeat and Protection from Abortion Act” protects preborn children with detectable heartbeats from the violence of abortion. A child's heartbeat is typically detectable by ultrasound in the sixth week of development.

The law contains exceptions for cases of rape and incest up to twelve weeks, after the unborn child is diagnosed with a fatal fetal anomaly, or when the mother's physical health is at serious risk of irreversible harm.

In the latter case, physicians are legally required to "make all reasonable efforts to deliver and save the life of an unborn child during the process of separating the unborn child from the pregnant woman."

The law further prohibits the use of state funding for abortion-related expenses (such as travel to a pro-abortion state for the purpose of obtaining abortion) and requires men to provide child support from the date of conception.

Justice John Kittredge wrote in the majority opinion that the pro-life law “infringes on a woman’s right of privacy and bodily autonomy,” but said that “virtually every law operates in some manner to limit a person’s privacy.” He continued that this right does not outweigh “the interest of the unborn child to live.”

“For example, no rational person would contend the State does not have the authority to enact laws criminalizing assault, rape, theft, child abuse, drug trafficking, and the like. In these and so many other areas, the power of the State to regulate and prohibit conduct is unquestioned. There is not the slightest prospect that a court would contravene the will of the people, as codified by their elected representatives, because the law amounts to an invasion of privacy.”

“The Supreme Court’s ruling marks a historic moment in our state’s history,” said Governor McMaster, “and is the culmination of years of hard work and determination by so many in our state to ensure that the sanctity of life is protected. With this victory, we protect the lives of countless unborn children and reaffirm South Carolina’s place as one of the most pro-life states in America.”

“South Carolina’s new law will save hundreds of lives each month,” said Carol Tobias, president of National Right to Life. “We thank the South Carolina legislature and Governor Henry McMaster for their dedication to protecting the right to life. We also praise our South Carolina affiliate, South Carolina Citizens for Life, for their hard work and diligence in seeing the bill pass and become law.”

August 24, 2023

Planned Parenthood Admits CMP Undercover Videos are True in Supreme Court Filing

In a filing before the Supreme Court, Planned Parenthood admitted that Planned Parenthood employees negotiated the harvesting and sale of aborted fetal body parts.

The pro-life Center for Medical Progress (CMP) was sued by Planned Parenthood in 2015 after it released undercover footage showing various Planned Parenthood executives discussing the harvesting and sale of body parts harvested from aborted children.

Lower courts did not apply any First Amendment protections to the case, awarding nearly $16 million to Planned Parenthood after CMP exposed its criminal actions. CMP appealed this case to the US Supreme Court in an attempt to remedy this.


Planned Parenthood's August 22 filing admits that Planned Parenthood executives "spoke the words recorded in the videos." The filing argues that CMP's undercover methods justify the lower court rulings; regardless of whether the videos are protected by the First Amendment.

This is the first time that Planned Parenthood has admitted the authenticity of CMP's work before the Supreme Court.

August 23, 2023

Colorado to Discipline Doctors who Offer APR

On August 17, the Colorado State Medical Board ruled that doctors will be investigated and disciplined if they provide abortion pill reversal (APR) to pregnant mothers who regret taking the first drug in the abortion pill regimen.

The board seemed to change its stance from a week ago; when it said it would evaluate the use of abortion pill reversal on a case-by-case basis.

“Although the board will not treat medication abortion reversal as a per se act of unprofessional misconduct, the board does not consider administering, dispensing or delivering progesterone with the intent to interfere with, reverse, or halt a medication abortion through the use of mifepristone to meet generally accepted standards of medical practice,” its new rule states.

“Licensees are expected to practice evidence-based medicine, and any licensee who provides unscientific treatments that fall below the generally accepted standard of care may be subjected to discipline.”

The rule was prompted by a new pro-abortion Colorado law that punishes pro-life physicians. The law required the state medical board to determine whether APR is a "generally accepted standard of practice." If not, the law tells the board to find doctors who prescribe APR guilty of "unprofessional conduct."

APR works by counteracting the effects of the first pill in the abortion pill regimen, mifepristone. Mifepristone kills an unborn child by blocking the pregnancy hormone progesterone. Progesterone facilitates the flow of oxygen and nutrients from a mother to her unborn child. Without progesterone, the unborn child dies of starvation and asphyxiation.

APR involves the prescription of supplementary progesterone. This practice has been used to prevent miscarriage in difficult pregnancies, and it can also prevent an unborn child's death if taken soon enough after mifepristone.

August 22, 2023

Indiana Pro-Life Law Takes Effect as State Supreme Court Rejects Appeal for Rehearing

On August 21, an Indiana law protecting the unborn at all stages of development came into effect. The Indiana Supreme Court rejected the ACLU's request to rehear its case challenging Indiana Senate Bill 1. This request only served to artificially extend an injunction preventing Indiana from enforcing the law, which was signed into law by Indiana Gov. Eric Holcomb in August 2022.

The law contains exceptions only for rape, incest, when the mother's life is at risk, or when the child is diagnosed with a fatal anomaly.

The Indiana Supreme Court ruled in July that the law does not violate the Indiana Constitution. Justice Derek R Molter wrote in the majority opinion that the state constitution, “protects a woman’s right to an abortion that is necessary to protect her life or to protect her from a serious health risk, but the General Assembly otherwise retains broad legislative discretion for determining whether and the extent to which to prohibit abortions.”

The ACLU responded with a petition arguing that the new law's definition of a "serious health risk" would restrict abortion more than the court's decision would allow. The ACLU requested that the Supreme Court keep the law on hold while it pursues a narrower injunction in a trial court.

This request was submitted just as the law was about to take effect on August 1, 2023. Since the Indiana Supreme Court was required to respond before the law could take effect, the ACLU's last-minute action served to artificially extend the injunction barring the law's enforcement.

“My office promised to defend Indiana’s pro-life law, and we have done that every step of the way,” said pro-life Attorney General Todd Rokita. “Today, the Indiana Supreme Court certified its opinion rejecting a constitutional challenge to Indiana’s pro-life law, which protects the lives of innocent, unborn babies. This is great news for Hoosier life and liberty. We defeated the pro-death advocates who try to interject their views in a state that clearly voted for life

August 21, 2023

Peoria Planned Parenthood Arsonist Sentenced

Tyler W. Massengill
On August 15, Tyler W. Massengill, a 33-year-old career criminal, was sentenced for his Jan. 15 arson attack on the Planned Parenthood Peoria Health Center.

The sentence carries 10 years in prison, three years of supervised release, and $1.45 million in restitution. On Feb. 16, Massengill pleaded guilty to malicious use of fire and an explosive to damage, and attempt to damage, the Peoria Health Center. 

Massengill has a criminal record dating back 20 years, including 26 arrests in Peoria County. Despite this, federal officials suggested his conduct represents a pattern of violent extremism posed by pro-life activists. the following statements come from a US Department of Justice press release.

“Massengill’s actions represent the very real threat posed by extremists in our communities,” said Special Agent in Charge David Nanz of the FBI Springfield Field Office. “Protecting the American people from such extremists remains a top priority for the FBI and our team remains laser-focused on identifying, investigating and disrupting individuals who cross the line from expressing protected speech to violating federal law.”

“This defendant’s violent conduct severely damaged the Peoria Health Center and obstructed patients’ access to reproductive health services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to aggressively prosecute such unlawful, destructive acts, and to protect the clinics that provide reproductive health services, as well as their patients and staff.”

When he pleaded guilty to charges, Massengill stated that his actions were "triggered" by anger at an ex-girlfriend's abortion. His impulsive, violent actions were those of a career criminal, not a pro-life activist. The DOJ's investigation did not find any connection with a pro-life group, nor a personal pattern of pro-life activism. The DOJ's statement takes advantage of the situation to further a false narrative that pro-life activists are violent extremists.

Pro-life groups attempt to save innocent children from violence and assist vulnerable mothers through non-violent means. Onlookers who see pro-lifers at work will see crisis pregnancy centers and sidewalk counselors, not violence and hatred.

August 18, 2023

Appeals Court Rules Washington DC Violated Pro-Life Groups' Freedom of Speech

2 pro-life activists chalking a pro-life message on a
Washington DC sidewalk in 2020.
On August 15, the US Court of Appeals for the DC Circuit upheld the First Amendment rights of pro-lifers who were arrested for writing a pro-life message in chalk on a public sidewalk in Washington DC.

The case stems from an incident in 2020 when pro-lifers with the Frederick Douglass Foundation and Students for Life of America gathered to write pro-life messages in chalk and temporary paint on a public road and sidewalk in front of a Planned Parenthood facility. This occurred shortly after BLM protestors were allowed to write "Black Lives Matter" and "Defund the Police" in permanent paint on city streets.

Washington DC didn't arrest any BLM protestors in accordance with its public defacement ordinance, but it did arrest two pro-life activists for chalking on the sidewalk. Law enforcement also prevented these groups from using the temporary paint.

A Students for Life staff member told Live Action at the time that the groups obtained verbal permission from the police department to use temporary paint, but police who arrived at the event would not allow it.

“The government may not enforce the laws in a manner that picks winners and losers in public debates,” the D.C. Circuit wrote in its opinion reversing the decision of a lower court in The Frederick Douglass Foundation v. District of Columbia. “It would undermine the First Amendment’s protections for free speech if the government could enact a content-neutral law and then discriminate against disfavored viewpoints under the cover of prosecutorial discretion.”

Alliance Defending Freedom Senior Counsel Erin Hawley, who argued the case on behalf of the pro-life organizations, praised the court's 3-0 decision.
“Washington officials can’t censor messages they disagree with. The right to free speech is for everyone, and we’re pleased the D.C. Circuit agreed that the Frederick Douglass Foundation and Students for Life should be able to exercise their constitutionally protected freedom to peacefully share their views the same as anyone else. Every American deserves for their voice to be heard as they engage in important cultural and political issues of the day.”

 Click here to read more.

August 17, 2023

5th Circuit Restores Abortion Pill Safety Rules Pending Supreme Court Review

On August 16, a three-judge panel of the 5th Circuit Court of Appeals unanimously ruled against the FDA on several policies deregulating the abortion pill mifepristone. The ruling would revert mifepristone back to the regulatory status it held in 2016, though it is on hold pending Supreme Court review.

The panel of Judges Jennifer Elrod, James Ho, and Cory Wilson found that the FDA failed to follow the legally-required process when loosening mifepristone regulations in 2016 and 2021. These changes (among other things) legalized the prescription of mifepristone later in pregnancy, allowed mifepristone to be sent to customers via mail, removed required office visits before obtaining a prescription, and allowed medical professionals other than doctors to prescribe it.

Alliance Defending Freedom, the legal firm representing a coalition of pro-life medical professionals in its challenge against the FDA, praised the panel's decision.

“The 5th Circuit rightly required the FDA to do its job and restore crucial safeguards for women and girls, including ending illegal mail-order abortions,” said ADF Senior Counsel Erin Hawley, vice president of the ADF Center for Life and Regulatory Practice.
“The FDA will finally be made to account for the damage it has caused to the health of countless women and girls and the rule of law by unlawfully removing every meaningful safeguard from the chemical abortion drug regimen. The FDA’s unprecedented and unlawful actions did not reflect scientific judgment but rather revealed politically driven decisions to push a dangerous drug regimen without regard to women’s health or the rule of law.”
The court criticized the FDA for ending a requirement that abortion businesses report non-fatal adverse events and then using the resulting lack of data to support decisions loosening safety regulations.

This decision left in place the FDA's 2000 approval of mifepristone and its 2019 authorization of a generic version.

“The Fifth Circuit Court of Appeals concluded that the FDA’s actions loosening the regulations involving Mifeprex were unlawful,” said Carol Tobias, president of National Right to Life. “Our hope is that today’s decision will be affirmed by the U.S. Supreme Court.”

“Today’s ruling, though not in effect because of the prior stay by the Supreme Court, would also reinstate long-standing safety protocols for women which were removed during COVID and made permanent because of pro-abortion pressure on the FDA,” said Tobias.

This case, Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration stems from a coalition of pro-life doctors who argued that the FDA unlawfully fast-tracked the approval of mifepristone in 2000 through a process intended for the treatment of life-threatening illnesses. These physicians' complaints were stonewalled by the FDA for over 20 years before reaching federal court.

US District Judge Matthew Kacsmaryk in the Northern District of Texas was receptive to this argument, and he issued a national injunction overriding the FDA's approval of mifepristone. His injunction was put on hold by higher courts.

August 16, 2023

Judge Sanctions Southwest Airlines for Ignoring Court Order in Religious Liberty Case

Photo credit: Aero Icarus / Flickr
US District Judge Brantley Starr in Texas issued sanctions against Southwest Airlines and ordered its attorneys to take religious freedom training from Alliance Defending Freedom (ADF).

The order comes after the airline lost a religious freedom lawsuit for firing flight attendant Charlene Carter, an employee who expressed disagreement with her union's pro-abortion stance. Carter was awarded $5 million, and she was reinstated to her position.

The airline was further ordered by the court to inform its workers that the company “may not discriminate against Southwest flight attendants for their religious practices and beliefs.” In its August 7 ruling, the court said Southwest “didn’t come close to complying with the court’s order.”

Southwest's "Recent Court Decision" memo issued to employees after the lawsuit downplayed the decision and maintained that it "does not" discriminate against employees' religious beliefs. According to Carter's attorneys from the National Right to Work Foundation, this wording implied that Southwest will determine what religious speech is acceptable.

Starr ordered Southwest to provide a statement verbatim to its flight attendants to ensure they understand how religious speech is protected. The order also requires Southwest to fly an ADF attorney to Dallas to provide eight hours of religious freedom training to Southwest attorneys Kerrie Forbes, Kevin Minchey, and Chris Maberry. Southwest will be responsible for the ADF representative's expenses. This training must be completed by August 28.

Southwest told CNA that it planned “to appeal the recent court order and are in the process of appealing the underlying judgment to the Fifth Circuit Court of Appeals.”