On August 15, Thomas More Society was on the ground with pregnancy help organizations as attorneys and supporters gathered and rallied in front the Robert H. Jackson U.S. Courthouse in Buffalo, New York—to send a message of resounding support for the pro-life ministries targeted by New York Attorney General Letitia James with threats and baseless litigation.

The press conference and rally before the federal courthouse followed hearings in Thomas More Society’s federal case against James, Summit Life Outreach Center v. James, and another federal case against the New York Attorney General, NIFLA v. James, brought by attorneys from Alliance Defending Freedom.

Thomas More Society’s Peter Breen and Christopher Ferrara were joined by Jor-El Godsey, President of Heartbeat International, and Kathy Jerman, President of the NYS Coalition for Life, both of whom are being defended by Thomas More Society in New York state court against James’ lawsuit.

In April 2024, James sent off a barrage of threat letters to over a dozen pregnancy help organizations across New York, including Heartbeat International and CompassCare—threatening ruinous prosecution if they did not cease promoting and sharing information about Abortion Pill Reversal. In New York state court, Thomas More Society filed preemptive lawsuit on behalf of Heartbeat International, CompassCare, and a collective of pregnancy help organizations, to thwart her unconstitutional attack on their rights.

Soon after, in May 2024, James filed suit in state court against Heartbeat and the pregnancy ministry collective. Thomas More Society attorneys succeeded in consolidating the cases, and keeping the case in its rightful venue in Rochester, NY state court. That case, Letitia James v. Heartbeat International & CompassCare, et al. is ongoing.

In a subsequent federal counterattack to James’ lawfare, Thomas More Society attorneys filed August 7, 2024, a countersuit to James—in Buffalo federal court, on behalf of Summit Life Outreach Center and The Evergreen Association.

Going on the offense

While Summit and Evergreen were not sued by James in her opening salvo against Abortion Pill Reversal, her attacks illegally chill the speech of New York’s pro-life ministries and violate their First Amendment rights. Her recent spate of ruinous threats and baseless prosecution of New York’s life-affirming ministries infringes on their right to speak freely about Abortion Pill Reversal, which is backed by both scientific and real-life evidence. Out of fear of harassment and ruinous legal action from Attorney General James, Summit and Evergreen have both limited and avoided altogether the promotion of APR on their social media platforms and websites.

Speaking outside of the courtroom, Jor-El Godsey made clear that Heartbeat International and New York’s pro-life ministries will stand together against these attacks, and not back down from their lifesaving work:

“Everyday we answer the phone for women who are regretting their decision of taking that first pill of the chemical abortion, looking for an answer. And sadly, the AG of New York wants to deny her the opportunity for an answer to that question... We know our information is good. We know that lives have been saved.”

Christopher Ferrara, Thomas More Society Senior Counsel, expressed the absurdity James’ prosecution and attacks on Abortion Pill Reversal. “If a doctor can [legally] prescribe progesterone and save the baby,” Ferrara pointed out, “where is the fraud?” Ferrara went on to defend the basic scientific and logical efficacy and truth that backs Abortion Pill Reversal:

“This is common sense. If the first pill in the abortion pill regimen stops the progesterone receptors and slowly starves the baby to death, but then the introduction of progesterone antagonizes that and releases the receptors, and gives you the chance to save your baby… that’s reproductive health decision-making by the woman, who has the right to make that decision.”

Kathy Jerman, representing the large coalition of New York’s pregnancy help organizations, also spoke out about the necessity of the Empire State’s pro-life ministries and their right to share the truth about Abortion Pill Reversal: ‍

"If we truly believe that a woman should have a choice in her pregnancy decision, then she should also have the choice to reconsider her abortion after taking the first chemical abortion pill. Abortion Pill Reversal gives women a second chance to choose life. But rather than allow women to have access to information about their right to try to save their pregnancies, Ms. James would rather spend taxpayer money to keep the information hidden."

On August 22, U.S. District Court Judge John L. Sinatra, Jr. granted a preliminary injunction in NIFLA v. James, which allows NIFLA, Gianna’s House, and Options Care Center to continue sharing information about Abortion Pill Reversal without fear of legal reprisals from James.

While limited in scope, this critical victory for New York pro-life ministries’ First Amendment rights will buttress other pending counterattacks against James—namely, Thomas More Society’s federal case on behalf of Summit and Evergreen, which remains pending before Judge Sinatra and awaits further consideration, as well as the state case in which Thomas More Society attorneys are defending the pro-life organizations hauled into New York state court by James.