It’s disturbing that the idea of saving the lives of millions of unborn babies remains controversial to many in the mainstream media, government and larger culture. Since Roe v. Wade was overturned, clarifying that there is no constitutional right to abortion, the focus of advocates on both sides has shifted to the states rather than sweeping abortion restrictions at the federal level. However, we need strong pro-life policies on all levels of government. Both the Supreme Court and the Trump administration have shown us why in recent weeks.
In a big win for the First Amendment’s guarantee of freedom of speech and association, last week the Supreme Court affirmed the rights of a group of pro-life organizations. The Court issued a unanimous ruling in favor of pregnancy resource centers (PRC) in the case First Choice Women’s Resource Centers v. Davenport. In 2023, then-New Jersey Attorney General Matthew Platkin targeted a group of PRCs based on unfounded claims that they were misleading the public and donors due to their pro-life mission. First Choice was clear in their advertising of being a “faith-based nonprofit” providing “material support and medical services like ultrasounds and pregnancy tests under the direction of a licensed medical director.” The pro-abortion Platkin subpoenaed the group — seeking 10 years’ worth of records, including donor identities and records, statements on abortion pill reversals, advertisements, and personnel information.
Justice Neil Gorsuch authored the Court’s opinion, saying:
“An official demand for private donor information is enough to discourage reasonable individuals from associating with a group. It is enough to discourage groups from expressing dissident views… Groups ranging from the American Civil Liberties Union to the National Taxpayers Union Foundation to the Church of Jesus Christ of Latter-day Saints have filed briefs in this case explaining that, ‘[e]ven if a subpoena targeting First Amendment activity is never enforced in court, [it] will give its targets a very good reason to clam up [and] give the target organization’s members and supporters a very good reason to abandon the cause.’”
Despite overwhelming support for the PRC’s, the new New Jersey Attorney General Jennifer Davenport is continuing Matthew Platkin’s persecution of the group. She asked the state court to fast-track enforcement proceedings to undermine the Supreme Court’s ruling. This move reveals the anti-life bias of the state’s elected officials and undermines the rule of law.
Regardless, the Supreme Court’s unanimous ruling is a win for all non-profits by reaffirming the rights to free speech and association. The decision is exceptionally meaningful for the pro-life community that has been targeted under previous administrations including the Biden Department of Justice.
Trump’s DOJ recently revealed the flagrant weaponization of the Freedom of Access to Clinics (FACE) Act by the last Administration. The FACE Act prohibits individuals from obstructing entrance to churches, religious institutions, abortion clinics, and pregnancy resource centers. After the Dobbs v. Jackson Women’s Health Organization ruling freed up states to legislate on abortion, violence and destruction became rampant at churches and PRCs. Yet, the Biden DOJ worked with Planned Parenthood, the Feminist Majority Foundation, and the National Abortion Foundation to monitor pro-lifers to catch them in the act of doing anything wrong. Then-Attorney General Merrick Garland even created a national task force to open investigations into pro-life advocates. A nearly 900-page report from the Trump DOJ found evidence that the law was biasedly enforced against pro-lifers.
One of the pro-life activists caught in the crosshairs was a Pennsylvanian father of seven, Mark Houk. In October 2021, 25 federal agents raided his home and arrested Houk on two counts of violating the FACE Act. Earlier that year, Houk was praying outside of an abortion clinic when a clinic volunteer began harassing his young son. He was accused of pushing the volunteer. A Philadelphia jury acquitted him, leading Houk to then sue the DOJ for conducting a “faulty investigation.” This month, he was awarded a $1 million settlement.
While there has been good news, there is still so much to do to change pro-abortion policies and protect life. The availability of Mifepristone, the abortion drug, is back in Court again, in Louisiana v. FDA. The case, brought by Louisiana, argued that the FDA’s change in regulations that allow people to get telehealth prescriptions and mail-order delivery of the pills violates state bans and the federal Comstock Act. The Fifth Circuit Court of Appeals sided with the state of Louisiana. Drug manufacturers Danco Laboratories and GenBioPro asked the Supreme Court to pause this decision. Justice Samuel Alito placed a routine hold on the lower court’s decision until May 11th to give the parties time to submit information before a full consideration of the appeal. Eagle Forum has joined a friend of the court brief submitted by Advancing American Freedom asking the Court to uphold the lower court’s decision.
Unfortunately, in the second term, the Trump administration has defended the abortion pill in court. Pro-lifers are getting weary with what seems like a lack of action by the Administration over the last year. Despite Health and Human Services Secretary Robert F. Kennedy, Jr.’s promise to review all evidence regarding the safety of the abortion pill, we have yet to see any results. Eagle Forum joined a coalition letter with Susan B. Anthony Pro-Life America and 76 pro-life groups urging the DOJ to halt the abortion pill. Even with a sliver of hope that the Trump administration could still decide to pull FDA approval of mifepristone and its generic, millions of lives are being erased while we wait.
This is why we need a pro-life majority — not just a Republican majority — in the U.S. House of Representatives and the Senate. So much more can be done to save lives, yet both chambers barely have the numbers to keep the government open. Abortion is deeply embedded in the policies and programs of our federal government, and it will take emboldened pro-life officials to make the necessary changes. If you have a pro-life candidate running for a federal office, send them our Candidate Questionnaire so that we can consider them for an endorsement. Throughout the year, we will be releasing more of our endorsements on our website here, so make sure you are checking frequently and are signed up for our emails. If you would like to donate to Eagle Forum PAC, you may do so here.