IBSA partner battles abortion pills

The oral medications produce more than half of all abortions

Washington, D.C. | A federal court ruling to halt the prescription of abortion drugs, initiated by a court case filed by IBSA ministry partner Alliance Defending Freedom (ADF), was temporarily paused by the U.S. Supreme Court in a 7-2 decision April 21. The case is ultimately expected to be appealed to the high Court for a final ruling.

ADF Senior Counsel Erik Baptist was undeterred and called the Court’s ruling “common practice” to “maintain the status quo” in a media release following the ruling. Baptist said, “Our case seeking to put women’s health above politics continues on an expedited basis in the lower courts.”

A federal court in Texas on April 7 halted the Food and Drug Administration’s approval of the chemical abortion drugs including mifepristone and misoprostol. On April 14, Associate Justice Samuel Alito placed a temporary hold on the ruling until the entire Court could meet and act as a whole. Associate Justices Alito and Clarence Thomas dissented from the ruling.

The drugs have been in use since for abortions since 2000. “By illegally approving dangerous chemical abortion drugs, the FDA put women and girls in harm’s way, and it’s high time the agency is held accountable for its reckless actions,” said Baptist.

From the front: Pregnancy ministries targeted

Continued from page 1 centers deemed in accordance with the “public interest” with fines of up to $50,000.

IRL reports there are about 100 pregnancy resource centers in Illinois that offer alternatives to abortion for women with crisis pregnancies, 50 of those centers are within 100 miles of Chicago. Baptist Children’s Home and Family Services, one of three entities forming the Illinois Baptist State Association, operates GraceHaven Pregnancy Resource Clinic in Mt. Vernon. The center offers pregnancy tests, ultrasound imaging, testing for sexually transmitted diseases, and mentoring for women seeking alternatives to abortion.

Molly Malone, assistant legislative chair of IRL, told the Illinois Baptist, “The bill would make pregnancy resource centers liable for ‘deceptive acts or practice for any concealment, suppression, or omission of a mate-

“Pregnancy is not an illness, and chemical abortion drugs don’t provide a therapeutic benefit—they can pose serious and life-threatening complications to the mother, in addition to ending a baby’s life.” Baptist argued the case, Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration, before the U.S. District Court for the Northern District of Texas.

The Court appeared to agree with Baptist’s argument. “Before Plaintiffs filed this case, the FDA ignored their petitions for over sixteen years, even though the law requires an agency response within ‘180 days of receipt of the petition…,’” the Court wrote in its 67-page decision. “Plaintiffs have credibly alleged past and future harm resulting from the removal of restrictions for chemical abortion drugs.” rial fact.’” She noted, “This bill would also change the Illinois Consumer Fraud Act to amend it to include specifically pregnancy resource centers to keep them from using what the bill calls material facts.” There are no guidelines in the bill to say what or who determines what a deceptive act or material fact is which could lead to litigation.

In its decision the Court also cited the federal Comstock Act of 1873 as another reason for halting the distribution of chemical abortion pills by mail. The Comstock Act was originally intended to prevent the mailing of “lewd” materials, mainly pornography, and the “instrument, substance, drug, medicine, or thing for the procuring, or producing of abortion.” The scope of the law was narrowed in the 1930s and since the Roe v. Wade decision, the law was largely disregarded.

BCHFS Executive Director Kevin Carrothers described the bill’s language as nebulous and lacking clarity. “I think it will ultimately end up in the court system and work its way up,” he said. “It’s something we continue to be vigilant about and we continue to watch these legislative fronts on both the federal and state level.”

Abortion proponents claim the highly partisan bill is necessary, alleging that crisis pregnancy resource centers spread false information and fail to adequately train their staff.

When the FDA announced in 2021 that it would allow chemical abortion drugs to be sent via U.S. mail, and Roe was overturned in June 2022, 20 attorneys general from pro-life states cited the Comstock Act as the reason for disallowing the mailing of chemical abortion drugs in their states. Today, chemical abortions make up at least half of all abortions in the U.S.

Illinois Governor J.B. Pritzker called the Texas court’s decision dangerous. “Despite these attacks, reproductive rights are enshrined in Illinois law and will stay that way,” Pritzker said.

Meanwhile, IBSA and its churches continue to seek ways to minister and share Christ’s love with women and families facing unplanned pregnancies. Alternatives to abortion are provided through Baptist Children’s Home and Family Services and its ministries, GraceHaven Pregnancy Resource Clinic and Angels Cove home for pregnant women.

The March 31 Senate vote fell along party lines with 36 Democrats voting for the bill, 19 Republicans against, and four not voting.

In the House the bill is known as HB 2463 and passed out of committee April 25. Illinois Right to Life hosted a rally against the bill outside the State Capitol on April 26.

The state of California passed a similar bill, which was overturned in 2018 by the U.S. Supreme Court in NIFLA v. Becerra for its unconstitutional targeting of pregnancy centers. Should SB 1909 pass, it would go into effect immediately, but a court appeal is expected.

The spring session of the General Assembly has a deadline to pass bills by May 31.