A Federal Judge Takes an Ax to Colorado’s Liberal Abortion Laws
A federal judge late Saturday blocked Colorado from enforcing a controversial law that would have banned so-called abortion pill "reversal" in the state.
The ruling comes as a victory for religious freedom and First Amendment rights, as the law was seen as a direct infringement on those freedoms by the U.S. District Court Judge Daniel D. Domenico.
The law, which was signed into effect in April, faced immediate backlash and legal action from a Catholic health clinic in Englewood, known as Bella Health and Wellness. The clinic, which has provided "reversal" treatment to dozens of women, argued that the ban on abortion pill "reversal" went against their religious beliefs and violated their right to freely exercise their religion.
In his ruling, Domenico stated that the state would have to meet a higher legal burden known as "strict scrutiny" in order for the law to stand. He also found that the law was not "broadly applicable" and specifically targeted those who provide the "reversal" treatment based on their religious beliefs.
Boxes of the drug mifepristone sit on a shelf at the West Alabama Women’s Center in Tuscaloosa, Ala., March 16, 2022. (Associated Press)
Additionally, the judge blocked another portion of the law that would have penalized anti-abortion clinics for misleading advertising. This ruling ensures that pregnant women across the state will receive the care they deserve and will not be forced to have abortions against their will.
Reacting to the ruling, Bella Health co-founders Dede Chism and Abby Sinnett released a statement saying, "We are relieved and overjoyed to continue helping the many women who come to our clinic seeking help."
This sentiment was echoed by Rebekah Ricketts, a lawyer for the Becket Fund for Religious Liberty, who represented Bella Health, saying that the ruling ensures that pregnant women across the state will receive the care they deserve and will not be forced into abortions against their will.
Abortion pill "reversal" has been a controversial topic in the national debate over abortion care. The treatment involves trying to counteract the effects of the first pill in a medication abortion regimen by flooding the body with high doses of progesterone. While the practice is not federally approved and scientific support for it is weak, proponents argue that it gives women a second chance to continue their pregnancy.
Despite the lack of evidence supporting its effectiveness, several conservative states have passed laws requiring abortion providers to inform patients of this option. However, Colorado took the opposite approach by passing a law that declared the treatment to be unprofessional conduct for doctors, nurses, and pharmacists, facing disciplinary action if they provide it.
READ MORE:
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The law also sparked a fierce debate among medical experts, with declarations and exhibits being submitted ahead of the court hearing. Ultimately, Judge Domenico found that the state’s regulatory regime was "vastly underinclusive" and did not seek to ban other unscientific medical practices or other off-label uses of progesterone.
This ruling marks the second time that Judge Domenico has blocked the law, with the first injunction being lifted after the state agreed to hold off on enforcing the law while the state medical, nursing, and pharmacy boards wrote new rules.
The ruling also serves as a reminder of the importance of religious freedom and the protection of First Amendment rights.