MAGA Judge Says It’s A First Amendment Right To Hawk Anti-Abortion Snake Oil

// There’s no way to “undo” an abortion. It’s not a matter of legal rights, that’s just reality. But the myth of a way to reverse a medication abortion persists and some anti-abortion providers peddle an untested pill to “undo” the effects of a medication abortion. (The unproven theory is to administer a high dose of progesterone after mifepristone has been taken and before the patient has taken misoprostol.) The American College of Obstetricians and Gynecology (ACOG) has even said that abortion pill reversal is “unproven and unethical.” And the first attempt to study the practice had to be halted due to safety issues for the participants.

All of which is background to Colorado’s Senate Bill 23-190, which labels offering an abortion reversal a “deceptive trade practice” that amounts to “unprofessional conduct” that is outside “the generally accepted standard of practice.” But we live the the worst timeline, so that immediately resulted in a lawsuit filed by a Catholic clinic, Bella Health and Wellness, alleging violations of their First Amendment rights.

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Now a district judge — appointed by Donald Trump — Daniel D. Domenico of the District of Colorado, has blocked SB 23-190, writing, “There is no question whether Section Three burdens Bella Health’s free exercise of religion.” He continued, “It does. Bella Health considers it a religious obligation to provide treatment for pregnant mothers and to protect unborn life if the mother seeks to stop or reverse an abortion.”

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As reported by Jezebel, the judge also enjoined the consumer protection part of the law:

With his ruling, Domenico also blocked another part of the law that could see clinics, like Bella Health, face consumer-protection sanctions for deceptive advertising—like saying they offer emergency contraception or abortion services when they don’t. Or saying abortion pill reversal is a safe, studied, and actual option.

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Judge Domenico’s ruling means Bella Health and Wellness will be able to continue with business as usual as the case winds through the legal system.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].

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Abortion, Courts, Daniel Domenico