ACLU Study: Implementation of “Abortion Reversal” Laws Raises Serious Questions

June 11, 2019

Contact: Heidi Uhing, ACLU of Nebraska Communications Director
(402) 476-8091 ext. 104 huhing@aclunebraska.org

LINCOLN – Today the ACLU of Nebraska released a report summarizing the so-called “abortion reversal” laws in seven states to monitor implementation of LB 209 passed in Nebraska's 2019 legislative session. As part of this investigation, the ACLU also requested source information from the Nebraska Department of Health and Human Services to evaluate existing related materials.

Key findings of the ACLU study include:

• Utah's site states: “At present there is insufficient evidence to support that progesterone is an effective treatment” and then later refers patients to Dr. George Delgado’s abortion pill reversal hotline and website
• Idaho's site provides referrals to two crisis pregnancy centers and a disclaimer which states: “This information is not intended to constitute medical advice,” and "Information presented on this list is provided 'as is' without any representations or warranties, express or implied ..."
• Arkansas site directs patients to "locate immediate help by searching the term 'abortion pill reversal' on the internet," and its pamphlet reads in relevant part, “the safety and efficacy of this process have not been established”
• Oklahoma requires health care providers to post a sign which includes Dr. George Delgado’s abortion pill reversal hotline and website
• The Nebraska Department of Health and Human Services was “unable to locate original source materials or other resources or citations” for the information they currently publish under the guise of informed consent laws.

“LB 209 is nothing more than abortion opponents' latest attempt to push junk science, force government into the doctor-patient relationship, and shame people seeking abortion care. In preparing to monitor implementation of this suspect law, we were shocked to learn that some of our sister states tell patients to search the internet to find care unsupported by independent medical organizations, clearly state abortion 'reversal' is not established as safe or effective, disclaim liability for information they provide, and refer patients to private, religiously affiliated entities that do not provide care backed in credible science. We would never treat other medical treatment this way and abortion care should be no different. It is important to remember that abortion is health care and abortion is a constitutional right. If people need medical advice or information they should contact their health care provider, not rely upon state government websites ghostwritten by anti-choice politicians,” said ACLU of Nebraska Legal and Policy Counsel Scout Richters, who authored the report.

“People who choose abortion have a high level of decisional certainty at 98-99%. We need to respect peoples' abilities to make their own health care decisions confidently and we need to stop shaming women. Nevertheless, we all care about the very small percentage of people who might have second thoughts and we should be working together to ensure they aren’t given false hope or false information about an unproven treatment. If we are serious about reducing the number of abortions in Nebraska, we need to work together to reduce unwanted pregnancies instead of enacting policies that control women’s bodies. I urge my colleagues to join me in supporting consent education, comprehensive sex education, access to contraceptives, access to affordable health care and a strong safety net, and raising the minimum wage,” said State Senator Megan Hunt.

###

For over 50 years in Nebraska, the ACLU has worked in courts, legislatures, and communities to protect the constitutional and individual rights of all people. With a nationwide network of offices and millions of members and supporters, we take up the toughest civil liberties fights. Beyond one person, party, or side — we the people dare to create a more perfect union. Learn more at www.aclunebraska.org