National Institute of Family and Life Advocates v. Becerra

California’s so-called Reproductive FACT Act compelled pro-life pregnancy care centers to post a conspicuous sign in their waiting rooms saying that California provides free or low-cost abortion, as well as providing a number to call for abortion referrals. The law also forced non-medical pregnancy centers to add large disclosures about their non-medical status in all advertisements, wrongly implying that they were unqualified to provide charitable services. The National Institute of Family and Life Advocates (NIFLA), a religious nonprofit comprising hundreds of member pregnancy centers from across the nation (including California), challenged this law. ADF represented them all the way to the Supreme Court.

The Supreme Court ruled 5-4 that NIFLA was likely to win its claim that the government cannot compel pro-life groups and individuals to express a message that conflicts with their beliefs. This led to a permanent injunction that prevented California from enforcing the unconstitutional law. No one should be forced by the government to express a message that violates their convictions, especially on deeply divisive subjects such as abortion.

Case timeline

• October 2015: California passed AB 775, forcing pro-life pregnancy centers to advertise abortion. Shortly after, ADF attorneys filed a federal lawsuit on behalf of NIFLA and two individual pregnancy centers.
• February 2016: The U.S. District Court for the Southern District of California denied ADF attorneys’ request for a preliminary injunction that would have temporarily stopped California from enforcing the law against pregnancy centers. ADF attorneys appealed to the U.S. Court of Appeals for the 9th Circuit.
• October 2016: The 9th Circuit affirmed the lower court’s decision, keeping the unconstitutional law in place.
• March 2017: ADF attorneys appealed NIFLA’s case to the Supreme Court.
• November 2017: The Supreme Court agreed to hear the case.
• June 2018: In a 5-4 decision, the Supreme Court ruled NIFLA was likely to win its claim that the government could not force pro-life pregnancy centers to advertise abortion. The Court overturned California’s law, allowing these pregnancy centers to continue working to protect life.