Sen. Patty Murray (D-Wash.) decried Republican efforts to discredit medication
abortion in an interview Wednesday with Mother Jones, saying that “the only
reason they’re going after mifepristone is because it is the way most women get
their abortive care.”
Mifepristone is one of the pills used in medication abortion, which in 2023
accounted for 63 percent of all terminations in the United States.
On Wednesday morning, the Senate Committee on Health, Education, Labor and
Pensions held a hearing on “protecting women” from the “dangers of chemical
abortion drugs.”
Chaired by Louisiana Republican Sen. Bill Cassidy, the hearing centered on
conservative demands for further regulation of abortion medication; two of its
three witnesses were medication abortion opponents, including Louisiana Attorney
General Liz Murrill, who on Tuesday pushed to extradite a California abortion
provider on felony charges, accusing him of sending abortion pills into her
state.
Democrats taking part, including Sen. Murray, argued that the hearing wasn’t
geared toward protecting women but discrediting settled science. In November,
Murray led the Senate Democratic Caucus in sending a letter to Health and Human
Services Secretary Robert F. Kennedy Jr. and FDA Commissioner Martin Makary
expressing concern over the Trump administration’s review of mifepristone.
“Republicans are holding this hearing to peddle debunked junk ‘studies’ by
anti-abortion organizations which have no credibility and have been forcefully
condemned by actual medical organizations,” Murray said in her opening
statement. The hearing, she continued, was “really about the fact that Trump and
his anti-abortion allies want to ban abortion nationwide.”
According to a New York Times review of more than 100 studies spanning 30 years,
abortion medication is safe and effective; mifepristone, used both in medication
abortion and to treat miscarriage, has had FDA approval for more than 25 years.
In October, the FDA approved another generic version of the pill.
“You can see that they’re just pulling straws from absolutely everywhere,
because they want to obscure the whole goal” to “ban abortion nationwide,”
Murray said to me.
Republican officials insisted that medication abortion is too easy to get. Yet
in 13 states, abortion is banned in nearly all circumstances. Another seven
states have enacted time restrictions earlier than what was outlined in Roe v.
Wade.
At the same time, maternity care deserts are expanding across the nation.
According to a 2024 report by infant and maternal health nonprofit March of
Dimes, more than a thousand US counties—together home to more than 2.3 million
women of reproductive age—lack a single birthing facility or obstetric
clinician. Since 2020, 117 rural hospitals have stopped delivering babies, or
announced that they would stop before the end of 2025, according to a December
report from the Center for Healthcare Quality and Payment Reform. A National
Partnership for Women & Families analysis from June warned that 131 rural
hospitals with labor and delivery units are at risk of closing altogether due to
Republican-led cuts to Medicaid through President Trump’s “One Big Beautiful
Bill.”
I asked Sen. Murray about requiring consultations for medication abortion—and
why pregnant people aren’t going in person to seek out that route.
“It’s pretty stunning to watch these Republicans talk about this with a straight
face,” she told me. “The reason many women don’t,” Murray continued, “is the
abortion bans that in Republican states don’t give women the option to see a
provider.”
Murray expressed concern, “especially after we have a hearing like this, where
we heard so much misinformation,” that an already confusing landscape for those
seeking abortion could be further obscured.
And a new study, published Monday in the leading medical journal JAMA, found
that the FDA has repeatedly reviewed new evidence about mifepristone and
reaffirmed its safety.
Abortion medication, Murray pointed out, is less deadly than both penicillin and
Viagra.
“We didn’t have a hearing today on Viagra,” she told me. “We had a hearing on
mifepristone, so their whole thing about safety and all this is just hogwash.”
Tag - Reproductive Rights
Abortion will remain legal in Wyoming following a Tuesday decision in the
state’s Supreme Court that said its two abortion bans, including a block on
abortion pills, were unconstitutional.
The court ruled that the bans violate a 2012 amendment to the Wyoming
Constitution that protects an adult’s right to make their own healthcare
decisions. One law banned abortion with few exceptions, such as in cases of rape
or incest, and the other explicitly prohibited abortion pills. Wyoming was the
only state in the country to implement an outright ban.
As Bolts, an organization that reports on local elections and policies, noted in
2023, this amendment was part of a conservative push against Barack Obama’s
Affordable Care Act. Conservatives argued that the legislation was government
interference. Progressives, meanwhile, including reproductive rights advocates
in Wyoming, have used the amendment to protect abortion access.
“A woman has a fundamental right to make her own health care decisions,
including the decision to have an abortion,” the ruling from Tuesday reads.
Wyoming’s only abortion clinic, Wellspring Health Access, was one of the
plaintiffs in the case. In a statement, Julie Burkhart, president of the clinic,
told Mother Jones that the decision “affirmed what we’ve always known to be
true: abortion is essential health care, and the government should not interfere
in personal decisions about our health.”
“While we celebrate today’s ruling, we know that anti-abortion politicians will
continue their push to restrict access to health care in Wyoming with new,
harmful proposals in the state legislature,” Burkhart added.
The decision also implies that anti-abortion lawmakers in Wyoming would need to
amend the state constitution to ban abortion, rather than a majority vote in the
Republican-dominated legislature.
Wyoming Gov. Mark Gordon immediately called for just that on Tuesday, saying in
a statement: “It is time for this issue to go before the people for a vote, and
I believe it should go before them this fall.”
A move to amend the constitution would be decided by voters in the 2026
election.
Even if you have no idea what a crisis pregnancy center is, the donor website
for the First Choice Women’s Resource Centers chain in northeastern New Jersey
offers plenty of clues: Prominent logos for the anti-abortion groups Heartbeat
International and CareNet. A home page banner proclaiming “Sanctity of Human
Life Sunday 2026.” An agreement for prospective volunteers that states, “I
openly acknowledge my personal faith in Jesus Christ as my Lord and Savior,” and
“[I] reject abortion as an acceptable option for any woman.”
That’s what appears on the website directed at First Choice’s donors. The chain
also has two websites targeted at potential clients—pregnant women who might be
seeking an abortion but end up on the crisis pregnancy center website instead,
where First Choice is less clear about its religious ties and anti-abortion
mission. “Learn more about the abortion pill, abortion procedures, and your
options in New Jersey,” one site urges on its home page. “We specialize in
pre-termination evaluations,” another site says, with services that include
“free and confidential Abortion Information Consultation” and “post-abortion
support.” On most pages, it is only at the very bottom that the qualifier, First
Choice “do[es] not perform or refer for” abortions, appears.
Websites that tell anti-abortion supporters one thing and pregnant women
something else are common among the country’s 2,500 crisis pregnancy centers, or
CPCs—part of a well-documented history of using misinformation and deception, as
well as free ultrasounds and other services, to deter women from having
abortions. Some of the best-known strategies include opening “fake” clinics near
real abortion clinics, misstating the purported harms of abortion and emergency
contraception, and pushing the unproven medical procedure known as “abortion
pill reversal.”
> Blue states have repeatedly tried to rein in CPCs. But as faith-based
> organizations, pregnancy centers have a powerful shield—the First Amendment.
Blue-state lawmakers and attorneys general have repeatedly tried to rein in
CPCs. But as faith-based organizations, these pregnancy centers have a powerful
shield—the First Amendment. When states try to regulate them, CPCs invariably
claim that these efforts violate constitutional protections for free speech,
religious expression, and freedom of association. In a landmark 2018 decision,
the US Supreme Court sided with the CPC industry, blocking a California law that
would have required pregnancy centers to inform patients about state-funded
family-planning services, including abortion.
That decision chilled state and local efforts to curb CPCs’ more controversial
practices, creating what one legal scholar has called “a regulatory dead zone.”
Meanwhile, since the fall of Roe v. Wade, the number of CPCs has grown—boosted
by a surge in state funding and private donations—and reproductive rights
supporters have renewed their push for greater oversight, this time focusing on
consumer protection.
On Tuesday, the Supreme Court will hear arguments in its latest CPC case, this
one involving New Jersey’s efforts to investigate whether First Choice may have
misled consumers. The question before the court is technical: Can CPCs run
directly to federal court to fight an attorney general’s subpoena, as First
Choice did, or must they first go to state court? As reporters Garnet Henderson
and Susan Rinkunas recently wrote in Mother Jones and Autonomy News, the answer
could have sweeping consequences for the $2 billion-a-year CPC industry:
> Boring as this procedural quibble may seem, a favorable decision would be a
> significant win for CPCs. They have a much better shot at winning any case in
> the Trumpified federal courts than they do in state courts that may be more
> supportive of abortion rights. What’s more, the ability to use friendly
> federal courts as a shield from state regulation would set pregnancy centers
> up for success in other lawsuits making their way to the Supreme Court—ones
> that could eliminate states’ ability to crack down on [abortion pill reversal]
> and other questionable practices entirely.
But the case has also raised concerns among groups aligned with progressives
that the same type of subpoenas issued by New Jersey against First Choice could
be weaponized against humanitarian groups, journalists, and protesters. “The
problem is bipartisan,” the ACLU wrote in one amicus brief. While New Jersey
focuses on crisis pregnancy centers, “Florida’s attorney general pursues
restaurants for hosting drag shows,” and Missouri’s attorney general
investigates chatbots “to find out why they express disfavored views about
President Trump.”
In another brief, lawyers for Annunciation House, a Texas nonprofit that has
been targeted for providing shelter and support to immigrants, wrote, “Nonprofit
organizations—which rely heavily on volunteers—bear the heaviest burdens when
faced with…state investigatory demands.” The stakes, the brief said, “can be
existential.”
The case dates from November 2023, when New Jersey Attorney General Matthew
Platkin—an abortion rights supporter and CPC critic—issued a subpoena against
First Choice as part of an investigation into whether the pregnancy chain was
“misleading donors and potential clients into believing that it was providing
certain reproductive health care services,” Platkin’s office states in a brief.
The subpoena was broad, seeking 10 years’ worth of emails, videos, handbooks,
the identities of many of its donors, and other information about First Choice’s
ads and solicitations, its services and staff, and its claims about medical
procedures, including abortion pill reversal.
State and federal agencies have been using similar subpoenas to investigate
potential violations of the laws they enforce for over 150 years, Platkin’s
brief points out. Such subpoenas are not “self-executing,” meaning that
Platkin’s office didn’t have the power to enforce them. Instead, in New Jersey
and the rest of the country, the long-accepted procedure for enforcing or
challenging a state agency’s subpoena is to seek relief in state court. If First
Choice disagreed with the ruling from a New Jersey court, it could then plead
its case in federal court.
But First Choice’s attorneys—the conservative legal behemoth Alliance Defending
Freedom—cried foul, saying the CPC had done nothing wrong and accusing Platkin
of “selectively target[ing] the nonprofit based on its religious speech and
pro-life views.” Pregnancy centers “have been subject to a shocking level of
violence and intimidation,” ADF asserted in one court filing. “First Choice is
concerned that if its donors’ identities became public, they may be subjected to
similar threats.”
> “We haven’t forced those services on anyone. We haven’t charged any women for
> the services we provide…. Yet Platkin calls this kind of caring ‘extremist.’”
The lawyers also pointed to a 2021 Supreme Court precedent blocking California’s
efforts to force charities and nonprofits in the state to report the identities
of their major donors. According to ADF, the Platkin subpoena was so concerning
that First Choice should be able to seek immediate relief in the federal courts,
rather than having to expend time and resources litigating the issue first in
state court. The ADF team—including Erin Hawley, wife of Missouri GOP Sen. Josh
Hawley—compared Platkin’s investigation to Southern states’ attempts to force
the NAACP to produce member lists in the late 1950s and early ’60s.
In an op-ed for NJ.com, First Choice’s executive director, Aimee Huber, noted
that in 2022 alone, CPCs throughout the US provided 500,000 free ultrasounds,
200,000 STI tests, 3.5 million packs of diapers, and 43,000 car seats to women
and families in need. “Over the last 40 years, First Choice has been privileged
to offer crucial resources to more than 36,000 women across our state. We
haven’t forced those services on anyone. We haven’t charged any women for the
services we provide…Yet Platkin calls this kind of caring ‘extremist.’”
But courts have repeatedly ruled that the case wasn’t ready—or “ripe”—to be
litigated in federal court. A state judge, meanwhile, ordered Platkin and First
Choice to negotiate to narrow the subpoena’s scope. The first time First Choice
asked the Supreme Court to weigh in, back in February 2024, the justices
declined. But when ADF tried again, this past spring, the court took the case.
Most of the amicus briefs siding with First Choice are from a predictable
collection of anti-abortion and conservative or libertarian groups, including
red-state attorneys general, Republican members of Congress, the Second
Amendment Foundation, and the Koch-funded American Legislative Exchange Council,
or ALEC. But the CPC chain also received support from some unexpected quarters,
including animal rights activists, the Reporters Committee for Freedom of the
Press, and the Foundation for Individual Rights and Expression, represented by
the ACLU.
In its brief, the humanitarian relief group Annunciation House described being
hit with an investigative subpoena by Ken Paxton in 2024 demanding that it
immediately turn over thousands of documents about immigrants and refugees it
has helped—including sensitive medical and personally identifiable
information—or face being shut down. The subpoena touched off a grueling, costly
fight in state courts, with the Texas Supreme Court ultimately siding with
Paxton.
“The chilling effect impacts not only the targeted nonprofit, but also the
broader nonprofit community, as organizations may avoid lawful speech or actions
out
of fear that they will lead to investigatory scrutiny,” the Annunciation House
lawyers write. “Left unchecked, the [subpoena] process becomes the punishment.”
In an interview with Mother Jones, Grayson Clary, a lawyer at the Reporters
Committee, raised similar concerns. “Well beyond the context of this crisis
pregnancy center, we have seen more state attorneys general trying to use their
consumer protection authorities in new and potentially troubling ways, including
to investigate news organizations,” he said, pointing to a Missouri case
targeting the left-leaning Media Matters. “Saying, ‘We’re not after the
journalism—we’re just protecting the consumers’ is often a fig leaf for efforts
to control the content that a news organization is putting out.”
“In practical terms,” Clary said, “what’s at stake in this question is how much
of a tax does a state attorney general get to place on you for speaking, or for
publishing news that they might disagree with, before you get a chance to ask a
court to put a halt to it? And that question really can, in practical terms, be
life or death, especially for a smaller or nonprofit news outlet,”
On the abortion-rights side, what is most surprising about the amicus briefs is
that they are nonexistent. But one group paying close attention to the case is
Reproductive Health and Freedom Watch, a CPC watchdog. “If the Court finds in
favor of this pregnancy center,” executive director Debra Rosen says, “I worry
that it’s going to chill further scrutiny into this massive [CPC] industry.”
Instead, amicus briefs in support of keeping the First Choice case out of
federal court come from agencies that routinely issue investigative subpoenas,
including blue-state attorneys general and state medical boards. The
consequences of adopting First Choice’s argument would be “far-reaching,”
Platkin’s office argues, “turning every quotidian subpoena dispute into a
federal case.”
The Supreme Court is expected to rule in the case by next summer.
In August 2022, Alabama Attorney General Steve Marshall made a guest appearance
on a local conservative talk radio show. It was two months after the US Supreme
Court had overturned Roe v. Wade, and abortion was now illegal in Alabama. And
Marshall addressed rumors that he planned to prosecute anyone helping people get
abortions out of state.
“If someone was promoting themselves out as a funder of abortion out of state,”
Marshall explained to the host, “then that is potentially criminally actionable
for us.”
Subscribe to Mother Jones podcasts on Apple Podcasts or your favorite podcast
app.
This particular threat launched an epic legal battle with implications for some
of the most basic American rights: the right to travel, the right to free
speech, the right to give and receive help.
This week on Reveal, reporter Nina Martin spends time with abortion rights
groups in Alabama, following how they’ve adapted to one of the nation’s
strictest anti-abortion policies—and evolved their definition of help.
This is an update of an episode that originally aired in May 2025.
Abortion may not technically be on the ballot in Tuesday’s off-year state
elections, but in the post-Roe v. Wade era, abortion is always on the ballot.
Since the US Supreme Court’s 2022 Dobbs ruling that ended the federal right to
abortion, statewide elections have become opportunities for reproductive rights
supporters and opponents alike to expand or limit access to care by voting on
the politicians who create the laws, the judges who enforce them, and,
sometimes, on the laws themselves.
When voters have had the opportunity to weigh in directly on ballot measures
enshrining abortion protections, those measures have mostly won, even in red
states. When the vote is indirect—that is, for people rather than policies—the
results are much more mixed. Just consider what happened in 2024, when states
that approved abortion-rights measures also went for anti-abortion judges and
Donald Trump. This week’s elections are the first time that large numbers of
voters can express their feelings about the country’s radical change in
direction under Trump 2.0. In five states, the results will also have major
statewide and even national implications for access to reproductive care.
CALIFORNIA
California’s Proposition 50, the blockbuster redistricting measure designed to
stop Republicans from rigging next year’s midterm elections, will affect all
kinds of democratic rights, including reproductive autonomy. Prop 50 would
temporarily suspend California’s current congressional maps, which were drawn by
an independent citizens commission, and allow the Democratic-controlled
legislature to create new maps that would remain in place through 2030. Governor
Gavin Newsom and his allies got the idea after Texas lawmakers, buckling to
Trump’s demands, redrew their congressional map to elect more
Republicans—potentially enough to keep the US House of Representatives under GOP
control in 2026 and beyond. If approved by voters, Prop 50 could sufficiently
alter the partisan makeup of California’s House delegation—currently 43
Democrats and nine Republicans—to effectively negate the Texas redistricting
effort. Polls show that California voters are very much on board.
Republicans currently have a slim six-seat majority in the House; a wider margin
could empower them to unleash all manner of new legislative horrors on the
country, including, potentially, an extension of this year’s temporary defunding
of Planned Parenthood and even a national ban on abortion after 15 or 20 weeks
of pregnancy. A Democratic majority, on the other hand, would bring the GOP
legislative machine in Congress grinding to a halt. With so much at stake, total
spending by both sides is well north of $175 million. During a press call,
Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of
America, described the GOP efforts to further gerrymander red states as “a naked
attempt to steal congressional seats” and “an emergency for our democracy.” Prop
50, added John Bisognano, president of the National Democratic Redistricting
Committee, is “a defensive shield for our democracy and for reproductive
rights.”
NEW JERSEY
New Jersey voters will pick a new governor and all 80 members of the General
Assembly. With Democrats currently holding a 52-to-28 majority there—and a 25-15
margin in the state Senate—most of the attention has been on the tight race
between Democratic congresswoman Mikie Sherrill and Republican ex-assemblyman
Jack Ciattarelli, to replace termed-out Democratic Gov. Phil Murphy. Recent
polls show Sherrill—a former Navy helicopter pilot and onetime federal
prosecutor—narrowly ahead. But Ciattarelli, who nearly ousted Murphy in the 2021
race, is hoping he can ride Donald Trump’s 2024 coattails to victory on Tuesday.
(Trump didn’t win the state but made huge gains compared to 2020.) New Jersey’s
pattern of flip-flopping between Democratic and Republican governors may be
another factor in Ciattarelli’s favor: No party has held the office for three
consecutive terms since 1961.
Months before Roe was overturned, New Jersey lawmakers passed the Freedom of
Reproductive Choice Act, enshrining protections for abortion care into state
law; Sherrill would go further, adding these protections to the state
constitution. Ciattarelli, by contrast, would ban abortion after 20 weeks
(currently there are no gestational limits), end coverage under state Medicaid,
and require parental consent for minors. A Democratic legislature, however,
would thwart any efforts to put those policies in place.
But Ciattarelli would be able to stop new reproductive protections from becoming
law—for example, potential legislative efforts to strengthen the state’s shield
laws that protect abortion providers who care for out-of-state patients.
Reproductive rights advocates point to what happened during the tenure of Gov.
Chris Christie, a Republican who was in office from 2010 to 2018, during which
he repeatedly vetoed funding for family planning. “We’ve been here before, and
we know what we could expect under a Ciattarelli governorship,” Kaitlyn
Wojtowicz of the Planned Parenthood Action Fund of New Jersey told the New
Jersey Monitor. “It would be devastating for public health.”
PENNSYLVANIA
For decades after Roe v. Wade became the law of the land, Pennsylvania activists
and politicians led the fight to narrow its reach—if not overturn it altogether.
These days, despite Roe’s reversal, Pennsylvania continues to allow abortion
through 23 weeks of pregnancy, albeit with significant restrictions, including a
24-hour waiting period, bans on Medicaid coverage, and a parental consent
requirement for minors. The Pennsylvania Supreme Court demonstrated last year
just how much the state has shifted, ruling that the 42-year-old Medicaid ban is
a form of sex-based discrimination under the state’s Equal Rights Amendment. The
decision suggested that courts might be open to throwing out other abortion
restrictions that lawmakers—with Republicans controlling the Senate and
Democrats holding a single-seat majority in the House—seem unlikely to repeal
anytime soon.
On November 4, the Democratic justices responsible for that ruling—Kevin
Dougherty, Christine Donohue, and David Wecht—will come before voters in a
retention election with enormous consequences not just for abortion, but for
next year’s midterm elections and the 2028 presidential election in a crucial
swing state. This is the same court, after all, that struck down Pennsylvania’s
congressional map in 2018 as an unconstitutional gerrymander and rejected
complaints about election monitoring by Trump’s 2020 campaign.
The three justices were first elected in 2015, in a sweep that flipped the court
to Democrats. If they win on Tuesday—and in the state’s history, only one
justice has ever lost a retention vote—they will serve for up to another 10
years. If they lose, only two Democrats and two Republicans will remain, and the
next judicial election will not take place until 2027. Political infighting in
the meantime would hamper efforts by Democratic governor Josh Shapiro to appoint
temporary replacements—a situation that Justice Donohue told the Associated
Press could lead to “chaos.” Spending in the races is expected to exceed $15
million—far surpassing previous retention elections—as Democrats try to blunt
Republican efforts to retake the court.
TEXAS
Texas parents have long had the right to oversee their children’s education and
health care and direct their upbringing. Those protections got a lot stronger
this year, with the passage of Senate Bill 12—the “Texas Parents Bill of
Rights”—which, among other things, requires schools to obtain parental consent
before students can receive health services, including counseling, or
participate in school clubs and organizations. But that bill—and a slew of other
new laws that make it easier for parents to challenge the policies and curricula
in schools that they don’t like—still weren’t enough for Texas’s parental-rights
extremists. Lawmakers also approved Proposition 15, a constitutional amendment
on Tuesday’s ballot that would enshrine a parent’s rights “to exercise care,
custody, and control of the parent’s child, including the right to make
decisions concerning the child’s upbringing. ” It would also enshrine a parent’s
responsibility “to nurture and protect [their] child.”
Supporters claim the constitutional amendment is needed to ensure that parents’
rights can’t someday be repealed. Opponents say the amendment would make it even
harder for minors to access contraception and sex education, and for LGBTQ kids
to navigate an ever-more-hostile political environment. Prop 15’s vagueness and
allusions to parental “responsibility” are also concerning. The measure would
“open the door for another parent’s personal beliefs to strip rights from other
people’s children and their families,” the reproductive justice group Avow Texas
warns, and could lead to “delays in young people getting care, censorship in
schools, and increased family policing.”
Opponents’ other big fear is that Prop 15 will inspire conservative lawmakers in
other red states to pass copycat bills. Denise Rodriguez of the Texas Equal
Access Fund says the ballot measure is “about perpetuating the culture wars” and
conservatives’ desire to crush dissent: “They want to do everything that they
can to control the way that people live.”
VIRGINIA
Virginians will choose a new governor to replace Republican Glenn Youngkin, who
is barred from running for a second consecutive term, as well as a new
lieutenant governor, attorney general, and members of the 100-seat House of
Delegates. According to recent polls, Abigail Spanberger, a former CIA officer
and three-term congresswoman, is leading her Republican opponent, current
Lieutenant Gov. Winsome Earle-Sears, in the race to become the state’s first
female governor. That comes as a relief to abortion rights supporters, given
Earle-Sears’s past statements equating abortion to “genocide” and supporting a
six-week ban. Virginia is the only Southern state that hasn’t restricted
abortion in the post-Dobbs era; the procedure remains legal through 21 weeks of
pregnancy, which has made it a destination for patients from around the South
who can no longer obtain care where they live.
The real battle over the fate of abortion in Virginia is taking place in
legislative races. Democrats now control both chambers of the General
Assembly—the House of Delegates by a 51-48 margin and the state Senate by 21-19.
That narrow majority allowed Democrats to pass a proposed ballot amendment this
past winter that could let voters decide whether to enshrine abortion
protections in the state constitution. But under Virginia law, legislators must
pass the amendment again during the 2026 session; then voters will get the final
say next November. Republicans are targeting a few key races in Tuesday’s
election in hopes of flipping control of the House and derailing the
constitutional amendment. (The next elections for the state Senate take place in
2027.)
The House of Delegates races also could affect two other proposed constitutional
amendments passed by lawmakers this year. One would restore voting rights for
people with past felony convictions. The other would remove a ban on same-sex
marriage from the state constitution—a now-defunct “zombie” law that could
potentially be revived if the Supreme Court were to overturn its 2015 ruling
that gave gay couples the right to marry. It’s a lesson Democrats learned after
the Dobbs ruling: Counting on the Supreme Court’s conservative supermajority to
protect existing rights is dangerous. Especially when some of the same
conservatives who worked so hard to overturn Roe are now gunning for gay
marriage.
Anti-abortion advocates haven’t just played key roles in rolling back abortion
rights in recent years. They also helped tank President Donald Trump’s
campaign-trail promise to make in vitro fertilization free.
That’s according to a new report published Saturday in Politico, which reveals
that anti-abortion activists—some of whom are opposed to IVF because it involves
discarding unused embryos—spent more than a year lobbying the Trump campaign,
and then his administration, to ensure that officials did not subsidize or
mandate coverage of the procedure. They got their wish earlier this month, when
the president announced a far more limited initiative: a cost-cutting agreement
with a leading fertility medication manufacturer to slash prices on a drug
involved in the IVF process. Trump also announced the creation of a new
fertility insurance benefit that employers could voluntarily offer to employees.
“There were letters and meetings and calls—a lot of activity,” Kristi Hamrick,
vice president for media and policy at the anti-abortion group Students for Life
of America, told Politico. “We told [the administration] that it would be an
absolute violation of people’s conscience rights to force taxpayers to subsidize
IVF, which has the business model that destroys more life than is ever born.”
Anti-abortion advocates had long been vocal about their opposition to Trump’s
promises to promote IVF. After his February executive order—which claimed to
expand access to the procedure but merely required an official to gather ideas
on how to do so, as I reported at the time—several leading abortion opponents
decried the move. But the Politico story indicates that anti-abortion advocates’
involvement in scaling back the administration’s moves on IVF was greater than
previously known.
“A lot of people met with different people within the administration over the
last eight months to say, ‘This is not pro-life. This is not going to raise
birth rates. This pumps money into an industry that a lot of pro-lifers have
great concerns over, because of the potential for eugenics. So let’s tap the
brakes on this,'” Patrick Brown, a fellow at the conservative Ethics and Public
Policy Center, told Politico.
Beyond the Ethics and Public Policy Center and Students for Life of America,
other anti-abortion groups that were reportedly involved in pressuring the
administration include Susan B. Anthony Pro-Life America and Americans United
for Life. Those groups did not immediately respond to requests for comment from
Mother Jones on Sunday.
According to Politico, White House officials also gave the advocates a heads-up
before Trump’s announcement of his IVF policies:
> In a sign of how seriously they took the groups’ arguments, administration
> officials held a briefing call for a select group of activists ahead of last
> week’s announcement to address their fears of a coverage mandate. According to
> two anti-abortion advocates on the call, granted anonymity to discuss the
> private event, the White House did not take questions.
>
> A White House official, granted anonymity to speak candidly about
> behind-the-scenes conversations, confirmed both the call and the key role
> anti-abortion groups played in developing the policy. Their influence ensured
> that no employer is obligated to cover IVF, that no federal funding supports
> it, and that new coverage options can include alternative fertility treatments
> promoted by groups who oppose abortion.
>
>
>
> “It’s providing flexibility, not just in an ideological sense, but just in a
> medical sense,” the official said. “It would be bad policy just to push
> everyone onto IVF.”
Spokespeople for the White House did not immediately respond to Mother Jones.
Politico reports that anti-abortion advocates also pushed the White House
Domestic Policy Council—which was tasked with coming up with suggestions to
deliver to the president—to back “restorative reproductive medicine” (RRM), a
loose group of approaches that allegedly tackles the root causes of infertility,
as my colleague Kiera Butler wrote last year. Leading medical organizations have
said that RRM is not evidence-based and that it is not a distinct concept, but
instead a repackaging of work that fertility doctors already do to support
patients.
During Trump’s Oval Office announcement, officials did not explicitly reference
RRM, but they—including Health and Human Services Secretary Robert F. Kennedy,
Jr.—did repeatedly say that they plan to address “the root causes” of
infertility. An expert on IVF access who did not want to be named for fear of
retribution previously told me they were concerned by these mentions: “On the
one hand, we were happy because they didn’t say ‘restorative reproductive
medicine.’ And on the other hand, we were concerned because they said ‘root
causes’ several times.”
But for all the administration’s attempts to pander to every conceivable
interest group, it could not manage to make everyone happy. Some on the left
said that there was more Trump could do to expand access to IVF and that the
announcement amounted to a failure to deliver on his campaign pledge.
On the anti-abortion side, the US Conference of Catholic Bishops called Trump’s
announcement a “harmful government action” that could “push people of faith to
be complicit in its evils.” Lila Rose, head of the anti-abortion group Live
Action, said on X that Trump’s announcement is “not a solution to fertility
struggles.” And Kristan Hawkins, president of Students for Life, called the
announcement a “disappointment.”
In the Oval Office on Thursday, several Cabinet members and advocates for in
vitro fertilization (IVF) gathered to claim that President Donald Trump was
delivering on his campaign trail pledge to radically expand access to the
popular but expensive process for getting pregnant. In reality, Thursday’s
announcement falls far short of Trump’s prior promise to make IVF free.
Trump announced two steps that the government will take to try to bring down the
costs of the treatment, which can reach up to $20,000 per cycle. The first is
entering a cost-cutting agreement with EMD Serono, a leading fertility
medication manufacturer, to slash prices on Gonal-f, an injectable drug involved
in the IVF process. The second is creating a new fertility insurance benefit
that employers could voluntarily adopt to offer to employees, just like they do
with dental or vision insurance.
Officials in the Oval Office cast the news as a historic precursor to the baby
boom that Republicans so desperately want. Sen. Katie Britt (R-Ala.), who Trump
credits with teaching him what IVF actually is, called the president’s actions
the “most pro-IVF thing a president has ever done.” Mehmet Oz, the ex-TV doctor
and current administrator of the Centers for Medicare and Medicaid Services
(CMS) at the Department of Health and Human Services, chillingly predicted: “I
know what you’re all thinking, and you’re probably right: There are going to be
a lot of Trump babies. I think that’s probably a good thing.”
> Dr Oz: "Now I know what you're all thinking, and you're probably right —
> there's going to be a lot of Trump babies. And I think that's a good thing."
> pic.twitter.com/A9XYUlbf1h
>
> — Aaron Rupar (@atrupar) October 16, 2025
These moves could, indeed, have some benefits to Americans seeking to get
pregnant using IVF. Oz’s CMS estimates the drug agreement will save users of the
fertility medications, which can cost several thousand dollars, up to $2,200 per
cycle, the White House says. The drugs will be available directly to consumers
on the (subtly-named) trumprx.gov, with additional discounts available to
low-income women. Only a quarter of companies with 200 or more employees
currently offer IVF coverage, according to KFF, and more than 40 percent of
American adults say they or someone they know have used fertility
treatments, according to Pew Research. The Labor, Treasury, and HHS departments
issued guidance on Thursday for how employers can offer the benefits, and will
propose additional pathways in the future, officials said.
> It’s unclear how many employers will actually provide the fertility
> benefit—especially since the government will not subsidize it.
But all in all, the Thursday White House announcement is no substitute for
Trump’s campaign trail promise that he would force the government or private
insurance companies to fund IVF—a move that would reportedly have cost an
estimated $8 billion, or about 40 percent of the price tag on Trump’s recent
bailout of Argentina.
While campaigning last year, in the midst of concerns about whether mounting
abortion restrictions would imperil IVF access, which often involves discarding
embryos, Trump told NBC News: “We are going to be, under the Trump
administration, we are going to be paying for that treatment,” he said, adding,
“We’re going to be mandating that the insurance company pay.” Thursday’s
announcement does not do any of this.
> Former President Trump tells NBC News that if he’s re-elected, his
> administration would not only protect access to IVF, but would have either the
> government or insurance companies cover the cost of it.
>
> More: https://t.co/AzV45GBhFd pic.twitter.com/rZZdejDGXX
>
> — NBC News (@NBCNews) August 29, 2024
Back in August, anonymous officials told the Washington Post that they had
dropped hopes for those plans because it would require an act of Congress to
make IVF an essential benefit that insurance companies must cover—a surprising
rationale from a White House that seems to be otherwise unconcerned with
securing congressional approval. (A bill last year, the HOPE with Fertility
Services Act, introduced by then-Rep. and current Labor Secretary Lori
Chavez-DeRemer, would have done just that. The bill has not yet been
re-introduced in this session of Congress.) And as the New York Times pointed
out earlier Thursday, when it first reported news of the IVF announcement, it is
unclear how many employers will actually provide the fertility
benefit—especially since the government will not subsidize it.
Sean Tipton, chief advocacy and policy officer at the American Society for
Reproductive Medicine, a research and advocacy organization, told me that
“there’s still a lot of details to grapple with before we can really say how
beneficial” the new actions will be. But he added: “I do think it’s important
that a Republican White House got all the relevant Cabinet secretaries together
to say a lot of positive things about IVF.”
Sen. Britt, Tipton said, “was not exaggerating” when she praised Trump’s efforts
as historic—”but that also shows what a low bar it is,” he added.
Sen. Katie Britt (R-Ala.) praised Trump’s efforts to expand access to IVF as
historic.Alex Brandon/AP
Tipton also reiterated a couple of other ways that, as he previously told me,
Trump could have dramatically expanded IVF access: Requiring fertility coverage
for federal workers through the Federal Employees Health Benefits Program and
mandating IVF coverage by TRICARE, the military health insurance program used
by more than 9 million active service members, retirees, and their families. “As
the CEO of a big employer, the president should make sure all his employees have
access to care,” Tipton said.
Spokespeople for the White House did not immediately respond to questions from
Mother Jones on Thursday.
Trump has a lengthy history of unfulfilled promises on IVF. Back in February,
Trump signed an executive order that the White House claimed was “expanding
access” to fertility treatments—but all that it actually did was deputize a
government official to deliver to Trump, within 90 days “a list of policy
recommendations on protecting IVF access and aggressively reducing out-of-pocket
and health plan costs for IVF treatment,” as I wrote at the time.
And even after that 90-day deadline, which fell in May, came and went, the White
House failed to release that report publicly. In the middle of that period, in
April, mass firings at HHS led to the elimination of a six-person team working
on expanding access to assisted reproductive technology, including IVF, at the
Division of Reproductive Health at the Centers for Disease Control and
Prevention, as I reported.
Mini Timmaraju, president and CEO of the advocacy organization Reproductive
Freedom for all, called Trump’s announcement an effort “to gaslight the American
public into believing he’ll deliver on empty campaign promises.”
Danielle Melfi, CEO of RESOLVE: The National Infertility Association, struck a
different tone, calling Trump’s announcement “an important step forward on the
road to ensuring all Americans can access the care they need to build the
families of their dreams.”
But as Tipton put it: “There is a lot of work for the President to do to make
good on his campaign promise to make sure that every American who needs help
building their families can get that help.”
This article is a collaboration with Autonomy News, a worker-owned publication
covering reproductive rights and justice. Sign up for a free or paid
subscription, and follow them on Instagram, TikTok, and Bluesky.
Crisis pregnancy centers have played a central role in the anti-abortion
movement since the 1960s, often misleading and confusing people seeking
abortions while purporting to help them. They mimic the appearance of abortion
clinics, with similar-sounding names and even lookalike logos. Their volunteers
sometimes pose as clinic staff to divert abortion patients from getting care.
Their websites are teeming with disinformation, including claims that abortion
is unsafe or linked to future mental illness, breast cancer, and fertility
issues. “A killer, who in this case is the girl who wants to kill her baby, has
no right to information that will help her kill her baby,” Robert Pearson,
founder of the very first CPC in the US, once declared.
Abortion rights advocates have long called on lawmakers to rein in CPCs and
their misleading practices. But a 2018 Supreme Court decision struck down a
California consumer-disclosure law’s attempt to do just that, making it
virtually impossible for states to enact regulations that single out CPCs.
Soon after, pro–abortion rights legal scholars suggested a new approach: to go
after pregnancy centers for false advertising. This regulatory strategy seemed
like it would be a slam dunk, particularly thanks to a CPC practice that has
rapidly become crucial to the anti-abortion movement’s strategy: abortion pill
“reversal,” an unproven medical protocol that CPCs claim can halt a medication
abortion about two-thirds of the time.
The medical consensus on APR is clear: It’s not possible to “reverse” the
effects of the abortion drug mifepristone, and attempting to do so may even be
dangerous. To blue-state legislators and attorneys general, the legal issue was
also straightforward: Making false promises—especially when those claims could
hurt people—is illegal under a host of state and federal laws that ban
misleading and deceptive advertising practices.
But three years after the reversal of Roe v. Wade, efforts to regulate CPCs for
false advertising appear poised to backfire spectacularly. In fact, by pursuing
pregnancy centers based on their promotion of APR, well-intentioned Democrats
may have unwittingly set the stage for the anti-abortion movement’s next great
Supreme Court victory.
In its term beginning this month, the high court will hear a case stemming from
New Jersey’s attempt to subpoena information—including scientific evidence to
back up claims about APR—from First Choice Women’s Resource Centers, a CPC chain
with five locations throughout the state. In a brief, First Choice compares the
subpoena to Southern states’ attempts to force the NAACP to produce member lists
in the late 1950s and early ’60s. Technically, the case has nothing to do with
APR or other questionable CPC practices. It’s about a specific legal fine point:
Can CPCs run straight to federal court to fight an attorney general’s subpoena,
as First Choice did, or must they first sue in state court?
> The fear is that, if far-right legal activists succeed, states could
> ultimately be barred from intervening in any way when CPCs advertise unproven
> medical treatments like APR.
Boring as this procedural quibble may seem, a favorable decision would be a
significant win for CPCs. They have a much better shot at winning any case in
the Trumpified federal courts than they do in state courts that may be more
supportive of abortion rights. What’s more, the ability to use friendly federal
courts as a shield from state regulation would set pregnancy centers up for
success in other lawsuits making their way to the Supreme Court—ones that could
eliminate states’ ability to crack down on APR and other questionable practices
entirely.
Three cases are waiting in the wings. This summer, a Trump-appointed federal
judge permanently blocked Colorado from enforcing a 2023 ban on APR against two
plaintiffs who sued to block it: a CPC and a nurse practitioner. The
first-of-its-kind statute labeled APR a deceptive trade practice. Meanwhile, in
New York and California, federal court battles are raging between state
attorneys general and CPCs, this time over state claims that merely advertising
abortion pill “reversal” is fraudulent and misleading.
The fear is that, if far-right legal activists succeed, states could ultimately
be barred from intervening in any way when CPCs advertise unproven medical
treatments like APR. That could grant CPCs an unfettered right to spread medical
disinformation—no matter how much it may harm vulnerable people navigating an
already deadly post-Dobbs landscape.
In all of these cases, CPCs are represented by the far-right legal juggernaut
Alliance Defending Freedom, which wrote the Mississippi abortion ban the court
used to overturn Roe and has played a leading role in major anti-abortion and
anti-LGBTQ litigation in recent years. This includes NIFLA v. Becerra, the 2018
case in which the Supreme Court struck down a California law that required
unlicensed CPCs to disclose their lack of licensure, and licensed pregnancy
centers to provide information about family planning services.
Recordings from a March CPC industry conference—made by an attendee and shared
exclusively with Autonomy News—confirm that ADF and allied law firms view
abortion pill “reversal” as a linchpin in their strategy to expand legal and
religious protections for the centers.
The conference was hosted by the National Institute of Family and Life
Advocates, an advocacy organization that provides legal counsel, education, and
training for more than 1,800 member CPCs across the US; it was also the lead
plaintiff in NIFLA v. Becerra. ADF senior counsel Kevin Theriot joked that NIFLA
“seems to be our primary client these days,” and suggested that another legal
victory is imminent.
Peter Breen, head of litigation at the Thomas More Society—another right-wing
law firm that works closely with the anti-abortion movement—told the audience
that the goal is to win court decisions that “protect you a little more
vigorously, maybe, than you’re being protected right now.”
In all of these cases, ADF asserts that by attempting to regulate CPCs, blue
states are “chilling” their First Amendment rights.
But conference recordings also reveal that, behind closed doors, many
anti-abortion doctors are reluctant to embrace APR, despite its ubiquity in
their movement. The recordings feature rare admissions about the challenges and
risks associated with the experimental treatment, including mention of side
effects not included in official case reports. These comments raise questions
about how, exactly, CPCs plan to capitalize on any newly won freedoms, and
whether anti-abortion leaders will plow ahead with APR when even their own
medical experts are hesitant.
The FDA–approved protocol for medication abortion involves two drugs:
mifepristone, which blocks progesterone, a hormone essential for pregnancy; and
misoprostol, which causes the uterus to contract and expel the pregnancy tissue.
In abortion pill “reversal,” patients who have taken mifepristone but haven’t
yet taken misoprostol are prescribed progesterone under the theory that the
hormone will reverse the effects of mifepristone and “save” the pregnancy.
This theory was inspired by the longstanding use of progesterone to prevent
miscarriage in early stages of pregnancy—even though randomized controlled
trials have found that progesterone therapy has little benefit for most
miscarrying patients. The man behind the hypothesis is Dr. George Delgado, a
family medicine doctor and prominent conservative activist based in the San
Diego area.
> As is often the case in disinformation campaigns, there is a kernel of truth
> to the anti-abortion movement’s claim that pregnancy can continue after taking
> mifepristone. But APR has nothing to do with it.
Delgado founded the Steno Institute, an anti-abortion research organization that
counts San Francisco archbishop Salvatore Cordileone among its advisers. He sits
on the board of the American Association of Pro-Life OBGYNs and is the medical
director for a CPC called Culture of Life Family Services. Most recently, he was
a plaintiff in Alliance for Hippocratic Medicine v. FDA, in which anti-abortion
medical groups unsuccessfully challenged the FDA’s 25-year-old approval of
mifepristone, plus more recent regulatory changes that have vastly expanded
access to the drug. ADF represented Delgado and the other doctors in the case.
Delgado published the first report on APR in 2012—a case study with just six
patients, finding that four of them carried their pregnancies to term. (Case
reports are considered among the weakest forms of scientific evidence, per a
widely used ranking system.) In 2018, Delgado published a larger case report in
the journal Issues in Law & Medicine, which has direct ties to AAPLOG. Of 754
patients initially given progesterone, 547 remained in the study and 257 later
gave birth, Delgado claimed.
As is often the case in disinformation campaigns, there is a kernel of truth to
the anti-abortion movement’s claim that pregnancy can continue after taking
mifepristone. But APR has nothing to do with it. “We know that mifepristone, by
itself, is not a very effective abortion-inducing medication,” says Daniel
Grossman, a professor of obstetrics and gynecology at the University of
California, San Francisco who is the director of Advancing New Standards in
Reproductive Health and the lead author on a 2015 systematic review of the
evidence on APR. In one early French trial of mifepristone, for example, 23
percent of participants who took the now-standard dose of mifepristone alone
remained pregnant. Supposed APR “success stories” may simply reflect the fact
that mifepristone doesn’t work well on its own—this is precisely why it’s used
in combination with misoprostol.
In Grossman’s view, the anti-abortion movement’s promotion of APR is akin to an
“unmonitored research project.” In the US, he adds, there is a “very ugly
history of experimenting on people from marginalized groups”—and people who have
abortions disproportionately belong to such communities.
> In Grossman’s view, the anti-abortion movement’s promotion of APR is akin to
> an “unmonitored research project.”
Still, after Delgado’s purported discovery, anti-abortion legislators moved
quickly, eventually passing laws in more than a dozen states that required
abortion providers to inform their patients of the possibility of “reversing”
their medication abortions. (Many of those states now ban abortion entirely.)
Delgado went on to found the Abortion Pill Rescue Network, a
progesterone-prescription hotline that’s now run by the CPC organization
Heartbeat International.
In public, anti-abortion groups boast about hordes of women who they claim have
changed their minds and successfully “reversed” their medication abortions. In
June, Heartbeat International announced that the Abortion Pill Rescue Network
has saved “more than 7,000 lives”—up from the “6,000 lives and counting” it
claimed in November 2024. It’s impossible to know whether or not these
statistics are true. CPCs have a history of inflating the number of clients they
serve and the value of services they provide. Creating a perception that demand
for “reversal” is exploding reinforces the longstanding myth that many people
are unsure of their decision to have an abortion. It’s also a conservative
answer to the increasing popularity of medication abortion, which accounted for
nearly two-thirds of all abortions in the US in 2023—double the rate from 2014.
But at the NIFLA conference, several prominent anti-abortion physicians seemed
ambivalent about APR, even as CPC leaders projected bravado about the legal
cases and dismissed potential safety concerns.
Based on back-and-forth during two sessions—a medical roundtable and a legal
Q&A—it appears that many CPCs aren’t even providing APR on site and are instead
referring patients to the Heartbeat hotline. This is ironic considering the
anti-abortion movement’s strident opposition to telehealth for abortion pills.
But it tracks with the results of a recent study, which found that only 3.8
percent of CPCs were advertising on-site progesterone prescriptions in 2024.
During the medical roundtable, Virginia-based family physician and Heartbeat
hotline provider Karen Poehailos claimed that demand for APR “has been going
through the roof.” A decade ago, she’d get five requests per year, she said; in
the three months before the conference, she said she’d written “13 or 14”
prescriptions. (Given that there were roughly 643,000 medication abortions in
the US in 2023, three to five attempted reversals per month is hardly a huge
number.) Poehailos acknowledged that growth in abortion pill use may help
explain the rise in APR requests. ”Women can get these as easily as clicking
online,” she said. “They did not have to think about as much before they started
the abortion.”
In addition to serving as NIFLA’s assistant medical director, Poehailos is also
a telehealth provider for FEMM, a fertility tracking app whose development was
funded by an anti-abortion billionaire. She estimated that in the past decade,
only about three of her APR patients were local, meaning she was able to see
them in person. “The rest of them have been through telemedicine,” she said,
which requires her to be extra careful. “When these women are so far from me…I
document like crazy, and I pray that God protects me,” she said. It also helps
to have “friends at ADF,” Poehailos said, apparently referring to Alliance
Defending Freedom.
> “The majority of the women I have worked with, even if [APR] is successful,
> will have some bleeding…“If you see a subchorionic [hemorrhage], that’s kind
> of expected. You pray it’s not a huge one.”
One of the challenges of APR, Poehailos said, is dealing with a common side
effect, bleeding. “The majority of the women I have worked with, even if [APR]
is successful, will have some bleeding,” she noted—specifically subchorionic
hematoma or hemorrhage, a relatively common condition in which blood collects
between the uterine wall and the outside of the gestational sac. Usually the
bleeding is mild and resolves on its own. But this outcome isn’t reported in the
papers that anti-abortion physicians have published on APR, Grossman points out.
“If you see a subchorionic, that’s kind of expected. You pray it’s not a huge
one,” Poehailos added.
During their discussion, Poehailos and two other doctors also lamented the
quality of some of the medical testing at CPCs they’ve worked with, including
ultrasounds and even basic urine pregnancy tests. “We want to serve these women
well, we want to serve them in the heart of Jesus,” Poehailos said, “but we are
providing medical services under someone’s license, so please … I’m sorry, but
I’m not sorry. You need to be serving these women better than this.” Neither
NIFLA nor Poehailos responded to requests for comment.
Part of the problem may be that CPCs appear to be having trouble attracting
specialized professionals. At one point, Sandy Christiansen, medical director
for Care Net, another CPC umbrella organization, reassured the crowd that they
needn’t find an OB-GYN to be their medical director. Any type of doctor, even a
pathologist or orthopedic surgeon, could do the job, she said. “All doctors get
trained in women’s medicine to some extent…they can read a scan,” she said.
Christiansen didn’t respond to a request for comment.
But ultrasound training has only recently become common in US medical schools,
and obstetric ultrasound is even more specialized. Indeed, one audience member,
who identified herself as a registered diagnostic medical sonographer, said her
center’s medical director was a psychiatrist. As a result, “she puts a lot of
trust into us.”
Poehailos acknowledged that some physicians refuse to provide APR themselves.
“Some centers, their doctors are not comfortable prescribing, and they just want
to be able to provide ultrasounds for doctors who do,” she said.
During the legal Q&A, some audience members expressed concern about potential
repercussions associated with advertising or offering APR. But lawyers on the
panel didn’t seem worried.
“I think everyone should go get a [t-]shirt that says ‘It’s just progesterone,’”
said NIFLA attorney Angie Thomas, to laughter from the audience.
Based on the discussion, the claim that state laws are “chilling” CPCs’ speech
appears grounded more in legal strategy than in reality. In California, for
example, Attorney General Rob Bonta sued Heartbeat International and a CPC chain
called RealOptions Obria over their claims about APR. In a related case, ADF is
representing NIFLA and another CPC—neither of which Bonta sued—arguing that the
attorney general’s actions chill these organizations’ First Amendment rights. As
a result, NIFLA’s “official recommendation” to pregnancy centers in California
is not to offer APR, said Anne O’Connor, the organization’s vice president of
legal affairs—not because CPCs’ rights really are being “chilled,” but because
claiming so strengthens their ongoing case against Bonta. “ADF recommended, you
know, it’s better to go conservative in that, to allege that our First Amendment
rights have been chilled by what the AG is doing,” O’Connor said.
“So you would suggest not telling clients about [APR]?” asked an audience member
who said she was affiliated with a CPC in California.
“I told you that’s the official,” said O’Connor. The audience laughed, seeming
to pick up on a hint.
Other lawyers also seemed to admit that CPCs are free to make APR referrals at
the same time they claim they’re being censored.
ADF’s Theriot said CPCs could keep giving out information about abortion pill
“reversal” and making referrals. “There’s a difference between advertising it,”
he said, “and giving people information about the possible availability.”
“I think most of the centers in California are still doing it,” added Breen of
Thomas More Society, which is representing Heartbeat against Bonta, suggesting
that Bonta’s suit has not actually changed CPCs’ behavior.
Breen did not respond to a request for comment. In an emailed statement, Theriot
said ADF “will fearlessly stand alongside pregnancy centers in their ministry to
support pregnant women and their unborn babies” and in their legal fights
against “ideologically and politically driven attorneys general.” “We remain
confident that our clients’ First Amendment rights will be protected—even if
that means taking these cases all the way to the US Supreme Court.”
While CPCs have been part of the anti-abortion movement for decades, their
numbers have skyrocketed in the past 15 years as Republicans have consolidated
their power and waged all-out war on reproductive rights. By June 2022, when Roe
v. Wade fell, CPCs outnumbered abortion clinics by as many as 15 to 1 in some
states. And since Dobbs, CPCs have received cash injections from state
governments and private philanthropists alike, now raking in nearly $1.5 billion
a year.
But as the industry has grown, criticism has intensified. Abortion rights
advocates have worked hard to inform the public about CPCs’ deceptive practices,
branding them as “fake clinics”—a label that’s stuck. Encouraged by
organizations like NIFLA and Heartbeat, CPCs have responded by trying to become
more “medicalized”—bringing in more licensed staff and offering more medical
services, such as testing, and less commonly, treatment for sexually transmitted
infections. In addition to conferring an aura of legitimacy, medicalization has
the potential to open up new funding streams. For example, RealOptions Obria
Medical Clinics—one of the chains Bonta sued—operates licensed facilities that
accept the state’s version of Medicaid.
> Abortion rights advocates have worked hard to inform the public about CPCs’
> deceptive practices, branding them as “fake clinics”—a label that’s stuck.
> CPCs have responded by trying to become more “medicalized.”
Reproductive health experts generally see abortion pill “reversal” as part of
this medicalization trend. APR also gives the anti-abortion movement another
way—besides lawsuits and legislation—to fight back against the soaring
popularity of abortion pills in the post-Roe era. While growing numbers of
patients have turned to telehealth providers for abortion care, some
three-quarters of abortions—including many via pills—still involve at least one
in-person visit to a clinic. And many of those patients are encountering CPC
volunteers who try to convince them to “reverse” their abortions by taking
progesterone instead of misoprostol.
At least one abortion provider in the South says she has begun to hear from
patients who’ve been drawn in by APR after appointments at her clinics. Calla
Hales is the executive director of A Preferred Women’s Health Center, which
operates four clinics across North Carolina and Georgia. While APR is more than
a decade old, in Hales’ experience, the phenomenon of patients getting ensnared
by it is relatively new.
“I would have never been able to point to a single anecdote prior to Dobbs,” she
says. But this year alone, patients have called her clinics at least six or
seven times in as many months after someone affiliated with a CPC convinced them
not to take their misoprostol. Some patients then called Hales’ clinic back
wanting to “reverse” their “reversal,” a situation in which there is no medical
protocol, so health-care providers are flying blind.
In one case, Hales says, a patient traveled to one of her clinics from a state
with a total abortion ban. After they returned home, family members took them to
a CPC, which tried to convince them to “reverse” the medication abortion they
had already started. In the other instances, patients were approached by CPC
volunteers standing outside one of Hales’ clinics. A patient who is duped by the
“reversal” sham, Hales adds, is likely to have to travel out of their home state
again to complete their abortion—or be forced to seek follow-up care at an
emergency department, where doctors may be hostile, lack adequate abortion
training or both. “It’s really heartbreaking,” she says, “because there’s so
much misinformation as it stands, and it’s really hard for patients to navigate
getting abortion care in the first place.”
Women are the fast-growing population of incarcerated people. And if Republicans
get their way, more pregnant women will be joining their ranks.
That’s because conservatives are behind a growing push to criminalize pregnancy
outcomes nationwide, in part by giving full rights to fetuses. And while
abortion opponents have long claimed they do not want to criminalize
abortion-seekers themselves, since the Supreme Court’s 2022 overruling of Roe v.
Wade, a growing number of conservative lawmakers have begun introducing bills
that would treat abortion as homicide and criminalize abortion-seekers. These
laws will likely put more Black and Latina women behind bars, who are already
imprisoned at higher rates than white women.
President Donald Trump’s immigration crackdown is also ensnaring pregnant
immigrant women: A report issued last month by the office of Sen. Jon Ossoff
(D-Ga.) alleged that officials identified more than a dozen credible reports of
the mistreatment of pregnant women in Immigration and Customs Enforcement
custody, which included not receiving adequate, or even urgent, medical care and
being denied food. The Department of Homeland Security has disputed those
allegations, saying in part, “Detention of pregnant women is rare and has
elevated oversight and review.”
These recent events make Rebecca Rodriguez Carey’s new book, Birth Behind Bars:
The Carceral Control of Pregnant Women in Prisons, incredibly timely. Based on
in-depth interviews with nearly three dozen women who were incarcerated in
prisons throughout the Midwest while pregnant, the book provides rare insight
into the experiences of pregnant women behind bars—an issue that lacked federal
data until the Bureau of Justice Statistics (BJS) issued its first report on the
state of pregnant women in prisons earlier this year. But even the exact number
of pregnant women in prisons remains unclear, in part because incarcerated women
do not always have access to pregnancy tests: The BJS report, for example, cites
more than 320 in state and federal custody in 2023, but past research from
scholars and advocates has estimated about 3,000 pregnant people are admitted to
U.S. prisons annually. “This invisibility,” Rodrigeuz Carey told me, “really
contributes to systemic neglect.”
In her book, Rodriguez Carey, an associate professor of sociology and
criminology at Emporia State University in Kansas, counters this historic
invisibility by relaying women’s experiences being pregnant, laboring, and
giving birth while in prison. Some stories convey the despair and desperation
you may expect: Some women recounted purposefully committing crimes in order to
be pregnant in prison rather than on the streets; others recalled falling into
postpartum depression after being separated from their babies after giving birth
while incarcerated. But the book also spotlights the surprising ways women
managed to cultivate hope, by hosting makeshift baby showers and making plans
for how they would make their children proud once released.
I spoke with Rodriguez Carey via Zoom last month about the state of abortion
access in prisons post-Roe, the persistent problem of shackling incarcerated
people during childbirth, and what most surprised her during the course of her
research.
This interview has been lightly condensed and edited.
I was struck by the fact that some of the women you interviewed deliberately
committed crimes in order to have their basic needs for food, shelter, and
medical care met in prison during their pregnancies. What do these women’s
experiences indicate about the state of pregnancy care in the US more broadly?
Well it’s really, really bad care when you have women who are seeking refuge in
a carceral system. And that’s not to say that that the care in prison is optimal
care by any means, but for those who are living at the margins of society, who
are in extreme poverty and don’t know where their next meal is coming from,
don’t know where they are staying each night, for them the mark of being a good
mother is to ensure that those basic needs are met. And so that means turning to
our criminal legal system. It’s really interesting to me that the incarcerated
population are the only group of people in the US that are constitutionally
guaranteed health care—that really says something.
> “There’s an absence of a social safety net, and we have people turning to the
> criminal legal system to ensure their basic needs are met. “
You have some prisons being more progressive with their efforts to provide
wraparound services, but then you have other prisons where there’s not a lot of
prenatal and postpartum care, and so there’s really just a wide variation of
care there from state to state, and even from facility to facility. I think that
speaks to the larger picture of inequalities in the US. There’s an absence of a
social safety net, and we have people turning to the criminal legal system to
ensure their basic needs are met.
Even before the Dobbs decision that revoked the constitutional right to
abortion, accessing it in prison was difficult. Only two percent of participants
in the BJS report had abortions; other research has found an even lower rate.
What sort of barriers did incarcerated people face when Roe was still the law of
the land?
Many states have laws that prohibit any sort of state funding to go toward
abortion. That includes travel—so if an incarcerated woman is looking to access
an abortion out of state, typically you have to have a correctional officer
accompany that woman. That would require state funding, to be in a correctional
van for transportation and to provide the salary for the accompanying
correctional officer. Many women who are incarcerated may not know that they are
even pregnant until they come to prison, if they are living on the streets, for
example, and haven’t had access to routine health care in some time. And so by
the time they learn of their pregnancy, it’s often too late, because many states
have laws that regulate the number of weeks that an abortion can be performed.
Many pregnant women in custody remain shackled while laboring and giving birth
despite the fact that leading medical groups have denounced this practice. What
did your interviewees say this experience was like for them?
They felt like they were caged animals. When you are in the state of giving
birth, you are extremely vulnerable. You’re not necessarily at a risk of
fleeing; there have been no documented cases to date of a woman trying to escape
while in labor. Many of the women that I interviewed had cesarean sections, so
they were on the operating table, numb from the waist down—you are not going
anywhere at that moment.
Most women who are incarcerated are there on non-violent crimes, and even if a
woman is pregnant who committed a violent crime, she’s not necessarily posing a
risk to society while you’re in that vulnerable state of childbirth, where your
legs are in stirrups and you have a correctional officer often in the room. Many
of these correctional officers are men, and a lot of the women I interviewed
talked about how they had experienced sexual abuse growing up, so that adds just
another layer of harm when you’re in this very vulnerable state, often in layers
of undress or completely naked.
Most states have laws on the books now restricting shackling during delivery.
But how widespread of a problem does this remain?
It’s really hard to say. A state may have a policy, but then we know that the
policy is often different from the reality of what takes place. Many states that
have issued restrictions on shackling still leave it up to correctional officers
if there is a point of threat or perceived harm. And I think when we look at the
different layers here, of who is more likely to be considered harmful or posing
a risk to society, that’s women of color. So you still have these tropes that
are persisting behind bars.
What about prison nursery programs that allow mothers to parent their newborns
in prison—what benefits do they offer and why aren’t they more common? [Editor’s
note: There are currently eleven state-run prison nursery programs, plus two
more operated by the federal Bureau of Prisons.]
The first prison nursery program has actually been in place since 1901, so this
is not necessarily new. Women who go through a prison nursery program and have
access to that oftentimes there are reduced recidivism rates, there’s improved
maternal mental health and fetal health outcomes. Otherwise they’re meeting
their children, and they’re saying goodbye all in a span of 24 hours, and so
that’s going to have negative health implications for years to come.
There are no national mandates or standardized policies governing the
incarceration of pregnant women. As a result, it’s up to individual states—and
even specific correctional facilities—to decide whether to invest in such
programs. Unfortunately, awareness among policymakers remains limited. Prior to
the 1900s, reformatories often emphasized family bonds, allowing incarcerated
women to live with their newborns—much like today’s prison nursery programs. But
by the 1970s, most states moved toward a more punitive approach, passing
legislation that effectively eliminated many of these programs.
Some of your interviewees used their incarcerations during pregnancy as a
“transformative period” and sought to “optimize pregnancy and birth outcomes”
despite their circumstances. Can you say more about how they did so?
Many of the women that I interviewed had been pregnant before. Some of them had
also been incarcerated before, but this was the first time they were both
pregnant and incarcerated. Many of them talked about how being pregnant and
incarcerated was rock bottom, and that this was very much a wake up call to do
right by their unborn child. Many of the women interviewed talked about how
during previous pregnancies they were out on the streets, doing drugs, getting
into trouble left and right. And so when they were in prison, it was really this
time where they could focus on their pregnancy. So that was really special for
them, and it was a time where they were doing their best to take advantage of
different programs and initiatives that they maybe had access to in their
prisons, like pregnancy support groups, for example, reading all the books and
trying their best to implement that advice. The women talked about how when
you’re incarcerated, all you have is time to think and make the best choices for
your unborn child.
Is there anything that surprised you in doing this research?
I think one of the biggest takeaways from me was how much hope is found inside
prisons, where you have women coming together, given the absence of maternal
healthcare, given the absence of institutional resources and support, creating
their own networks of community and care. Food was a huge topic; pregnant women
in prison don’t have access all the time to regular and nutritious foods. So you
have other women who are incarcerated helping them out and coming together and
saying, “Hey, I don’t want my baked potato, you can have it because I know
you’re pregnant and you need these calories.”
Women are also taking pregnant women, especially the younger ones, under their
wings, and saying, “be sure to get a job in the kitchen while you’re
incarcerated, because that way you have regular access to food.” So you see
these informal networks of support.
After a woman gives birth, she’s sent back to prison, often within 24 to 48
hours of giving birth and asked to fall back in line as if nothing has happened,
even though her world has just been rocked. So you have women who are
incarcerated really coming together and rallying around the pregnant women to
provide that support and care.
What gives you hope for pregnant people in prisons and their newborns?
The Kansas Children’s Discovery Center in Topeka has a program called Play Free,
which allows incarcerated mothers and grandmothers to spend a day at the
children’s museum playing with their kiddo, free of these cages and environments
that are not child- and family-friendly at all. It’s been really great to see
the transformation, where it started just as a partnership with the Topeka
Correctional Facility, and has since expanded to the men’s facilities in Kansas.
You have incarcerated fathers as well, and centering the children in all of this
is important.
A Texas man accused of putting abortion pills in his partner’s drink has
countersued for $100 million, claiming she made the whole thing up.
Last month, Autonomy News reported on a lawsuit filed by Liana Davis, a Texas
woman who alleged that Christopher Cooprider, a 34-year-old Marine pilot, had
given her abortion-inducing medication without her knowledge or consent, causing
her to lose her pregnancy. On Wednesday, Cooprider countersued Davis in the same
federal court in Corpus Christi, Texas, alleging that Davis’ suit was malicious
and intended to cause him emotional distress.
When covering the initial complaint, Autonomy News did not name either party,
but is doing so now because Cooprider alleges the suit was fraudulent and
initiated for retribution and political purposes. Davis is represented by
anti-abortion legal activist and former Texas Solicitor General Jonathan
Mitchell, and the case is thought to be the first instance of a woman suing for
wrongful death from abortion pills.
When reached for comment, Mitchell said Thursday, “These are abject lies and we
will disprove every one of them in court. Cooprider is guilty as sin and will be
held to account for what he did, both in this civil suit and in the upcoming
criminal proceedings.” He did not immediately respond to questions about a
possible criminal case.
In his countersuit, Cooprider says he had a brief sexual relationship with
Davis, a 37-year-old who was going through a divorce, and that her behavior
escalated to harassment when he expressed that he didn’t want the relationship
to continue. After that, Cooprider claims Davis faked multiple pregnancies and
miscarriages, and that after she actually became pregnant, she failed to treat
medical conditions which themselves could have triggered a miscarriage.
Cooprider alleges that Davis concocted her suit after the Corpus Christi Police
Department declined to recommend charges based on her allegations against him.
He further alleges that Davis’ lawsuit was filed early on August 11 “so it could
be immediately and widely disseminated to national and Texas media outlets that
morning” prior to a Texas Senate committee hearing on legislation that would
supercharge the state’s existing “bounty hunter” abortion ban, inviting citizens
to sue manufacturers and providers of abortion pills and win $100,000 bounties.
Davis’ suit was cited in the hearing by Jana Pinson, executive director of
Pregnancy Center of the Coastal Bend, a small crisis pregnancy center chain with
locations in and around Corpus Christi.
> Cooprider alleges that Davis concocted her suit after the Corpus Christi
> Police Department declined to recommend charges based on her allegations
> against him.
“Just this morning, a lawsuit was filed for wrongful death where a military guy
got a next-door neighbor pregnant, tried to force an abortion,” Pinson said
during the August 11 hearing. “He ordered in his own name from Aid Access, and
then when she wouldn’t take them, he … put 10 pills in her chocolate and she
doubled over in pain about 30 minutes later. Then he left her to bleed out while
she had to get help to get to the ER.”
“This is another avenue of men being able to force abuse on women,” Pinson
continued. She mentioned the case again in a hearing on August 22, this time
before a House committee.
Davis’ suit also named online abortion provider Aid Access and its founder,
Rebecca Gomperts, as defendants. In addition to alleging that they violated
wrongful death laws in Texas, the complaint accused them of violating the
Comstock Act, a dormant 1873 law that Mitchell and other anti-abortion leaders
argue outlaws the mailing of abortion pills. In 2025, the anti-abortion movement
has made it a major priority to attack “shield” laws, which protect abortion
providers like Aid Access who prescribe abortion pills via telehealth to
patients in states where abortion is illegal.
Mark Lee Dickson, a prominent anti-abortion activist who was first to announce
Davis’ case on social media, also mentioned the case in the August 22 hearing.
In his initial social media posts about Davis’ lawsuit, Dickson connected it
directly to anti-abortion legislation: “I hope these stories drive us to see
more protections pass.” At the time, Dickson said he first heard Davis’ story
from a CPC director in Corpus Christi. If Pinson was the person who told Dickson
about the story, it’s unclear how she came in contact with Davis in the first
place. According to Dickson, he put Davis in touch with “my attorney”—meaning
Mitchell, who has recently filed a spate of wrongful death suits related to the
use of abortion pills, usually on behalf of men upset about their partners’
abortions.
Versions of the abortion pill bounty bill have passed in both chambers of the
Texas legislature in recent days. It appears poised to become law.
In his suit, Cooprider claims he didn’t coerce Davis, and that she was the one
threatening him. He said Davis asked him to order abortion pills for her in
February 2025, which he alleges that she never took, and that she began
harassing him after he expressed that he didn’t want her to join him at his next
military post in North Carolina. One night in early March, he claims, Davis
stood outside his house and implied she’d accuse him of sexual assault if he
didn’t speak to her. He called 911 for police to do a wellness check and told
operators that she’d called him 40 times that day, according to a transcript
provided in the counterclaim. He told the operators he took video of her outside
his home and added: “And she’s also threatening… she’s saying that I coerced her
into taking the abortion pills against her will, and that’s illegal in Texas.”
Later on the call, he said Davis told him that she was miscarrying and was
sitting “in a pile of her blood in the bathtub.” Cooprider’s filing then notes
that “Law enforcement checked on [her] and she was not sitting in blood. She
said that she was fine.”
However, she was actually pregnant at this time, per an ultrasound on March 21,
where a physician said that she had conceived about four weeks earlier.
Cooprider claims that Davis invited him over on April 5, at which point she
tried to frame him for a coerced abortion by alleging that he slipped abortion
pills into her hot chocolate. She claimed she was bleeding profusely, and got a
neighbor to drive her to the hospital, where she told staff that Cooprider
“drugged” her.
Officers from Corpus Christi Police Department came to the emergency department
and opened an investigation. CCPD told the New York Times in August that it
shared results with Nueces County District Attorney’s Office, but that, “after
careful review, both agencies concluded that the elements of a crime could not
be established, and the investigation was subsequently closed as unfounded.”
According to Cooprider’s admittedly melodramatic suit, Davis’ “lethal lies in
the malicious allegations now embedded in her made-up complaint read like the
screenplay written for Glenn Close in the movie “Fatal Attraction.” Other
salacious allegations featured in the complaint include that Davis failed to
properly treat a sexually transmitted infection and typhoid fever, either of
which could have led to natural miscarriage. Cooprider also alleges that Davis
failed to take progesterone prescribed in late March due to a low embryonic
heart rate, which his complaint presents as evidence that she did not want to
continue the pregnancy. (However, while progesterone is commonly prescribed in
an attempt to prevent first trimester miscarriage, evidence doesn’t support the
practice except in people with a history of three or more miscarriages.) He also
claims she was a heavy drinker and that she continued to drink when her children
were in her home despite being ordered not to by family court.
Cooprider’s lead attorney is Mikal Watts, a puzzling figure who frequently
donates to Democratic politicians, per Federal Election Commission records, but
is also listed as a Federalist Society contributor. Watts faced a federal trial
in 2016 on 96 counts of wire fraud, mail fraud, and identity theft after he was
accused of inventing 40,000 victims of the 2010 Deepwater Horizon oil spill in
order to file a class action suit that would have earned him an estimated $40
million. Watts fired his attorney on the eve of trial and chose to represent
himself. A jury acquitted him.
Cooprider is seeking $100 million in damages, but pledges in his counterclaim to
donate any proceeds to the Wounded Warrior Project. Watts and two other
attorneys said they are working on the case pro bono.
This article was republished from Autonomy News, a worker-owned publication
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