by Jessica Prol Smith, Director of Government Relations
“We don’t ship or sell or prescribe pills. We share information and list legitimate providers…. That’s not illegal. That’s protected by the First Amendment." Mayday Health issued that statement celebrating a July 17 legal victory handed down by a South Dakota federal judge. U.S. District Judge Camela C. Theeler struck down the state’s new law prohibiting advertisement for medicine for the purposes of unlawful abortion.
Mayday has made itself conspicuous by advertising for chemical abortions during public events and in jurisdictions where state laws protect unborn children from abortion. As its lawsuit continues, Mayday attorneys will argue that South Dakota’s law violates the principles of viewpoint neutrality and that Mayday’s speech should not be considered commercial. Sound familiar? In an amusing research mishap, the data platform CauseIQ associates the abortion aficionado with pregnancy resource centers who offer women hope, healing, and alternatives to abortion.
But while Mayday enjoys financial backing from the Soros Fund and tech tycoons, markets on behalf of a multi-billion dollar industry, and advocates for the use of life-ending drugs where their use has been legally restricted, Heartbeat International does something very different.
We continue to share the good news that progesterone can help a woman who has taken mifepristone, the first pill in the abortion drug regimen, but regrets her decision to start an abortion. California Attorney General Rob Bonta maintains his ill-conceived fight against our First Amendment right to share this good news. California is seeking more than $20 million in penalties against Heartbeat and our friends at RealOptions–simply for sharing this information that women voluntarily seek.
Like Mayday, Heartbeat doesn’t ship or sell or prescribe pills. Unlike Mayday, we’re well over a month into defending our right to share the good news about APR. Heartbeat’s trial opened on June 24, 2026. At the time of publication, Heartbeat’s trial in People of the State of California v. Heartbeat International & RealOptions was winding down.
Here is a day-by-day breakdown of the trial highlights, starting with the most recent testimony:
The latest: Attorneys on both sides will soon submit their trial briefs and make their closing arguments. California requires state judges to issue a ruling within 90 days after the case is officially submitted for decision.
Day 21: Tasha Keirns (BSN, RN), CEO of RealOptions, testifies about the care her organization offers to California women who seek it.
Christa Brown (BSN, RN, LAS), Senior Director of Medical Impact at Heartbeat International, who oversees the Abortion Pill Rescue® Network, continues her testimony.
Both Christa and Tasha serve women who are looking for a second chance at choice. California argues that the intent of its lawsuit is to protect women’s health; however, the attorney general is denying women information they seek out and have a right to receive. Heartbeat’s attorneys at legal non-profit Thomas More Society address this argument in more detail on their website.
Day 20: Christa Brown (BSN, RN, LAS) continues her testimony.
Day 19: California mom, Elizabeth Barrett testifies about her experience with APR. When asked why she volunteered to testify, Elizabeth says, "What I lived through is controversial... I only know that because anytime I bring it up, people having feelings [about it]..." She “just want[ed] to share what it was like." Elizabeth’s healthy baby girl was born in 2024. Today, Elizabeth and her partner, Ben, are married. Her story is full of redemption and hope; her story–and pictures of her baby girl–are also part of the legal record.
Christa Brown (BSN, RN, LAS) continues her testimony.
David Glidden, Ph.D statistics expert for the State, returns to testify.
Day 18: Valerie Hill, CEO Emeritus at RealOptions, testifies. In her legal declaration, submitted when she served as CEO, Valerie notes that “[a]ll women who consider or choose abortion are dealing with varied and difficult circumstances that led them to make an abortion decision.” Also, her declaration notes, “RealOptions makes absolutely no money from providing APR services.”
Day 17: Donna Hecke, Chief Marketing Officer at RealOptions, testifies. California is seeking to make the case that Heartbeat and RealOptions’ speech is “commercial speech” and subject to state consumer fraud law. The problem for California is that a free service by nonprofits simply is not “commerce.” Heartbeat’s attorneys at Thomas More Society address this and other false claims on their APR website.
Day 16: Dr. George Delgado continues to testify. In his closing comments, Dr. Delgado shares his motivation for creating and practicing the APR protocol: “...I see no higher calling than to help these women who are asking for a second chance at choice…. I know that I'm doing the right thing for these women, and for their children who are to be born later.”
California APR mom Uyen Pham testifies about how her boyfriend kept arguing that someone her age should not have kids and how he pressured her toward abortion. At about nine weeks pregnant, she took the first abortion pill, mifepristone, and almost instantly regretted the decision. Even though a Planned Parenthood employee told her that, once she started, she couldn’t stop the procedure, Uyen decided she wanted her baby. Because of Heartbeat and RealOptions, Uyen continued her pregnancy without any side effects or complications from taking the progesterone–and welcomed a healthy baby boy. In testimony and written declaration, Uyen expresses gratitude for the opportunity to save her child’s life. Pictures of Uyen’s baby boy are submitted as part of the legal record.
Day 15: Dr. George Delgado, an M.D., testifies. Dr. Delgado is a pioneer of the APR protocol and groundbreaking APR research. In 2012, he established the original Abortion Pill Reversal Network, before transferring it to Heartbeat International in 2018, when it became the Abortion Pill Rescue Network®. As part of the legal record, a California mom submitted testimony about how Dr. Delgado provided progesterone treatment to her about 15 years ago–enabling her to continue her pregnancy and deliver a baby boy who is now 14 years old.
Related: Dr. Delgado’s book Abortion Pill Reversal: A Second Chance at Choice gives an inside look at why he started the APRN and presents personal accounts by women who attempted to reverse their chemical abortions.
Day 14: Professor Laura Munoz, Ph.D., Professor of Marketing at the University of Dallas, testifies that Heartbeat’s and RealOption’s communications about APR are not misleading under standard advertising and marketing principles. While California argues that APR claims are “false advertising,” the attorney general can’t prove falsity because the science supports APR. Thomas More attorneys explain more here.
Day 13: Dr. New finishes testifying.
Christa Brown (BSN, RN, LAS), who oversees the Abortion Pill Rescue® Network for Heartbeat International, testifies. Christa describes how APRN nurses inform callers about their options and explain the APR protocol and then refer the patient to local medical providers who supervise their care.
Day 12: Michael J. New, Ph.D., assistant professor of practice at the Busch School of Business at the Catholic University of America, testifies about the scope and validity of the medical studies and their methods surrounding APR.
Day 11: Elena Kraus M.D., Ph.D. wraps up testimony.
Day 10: Elena Kraus M.D., Ph.D., medical expert for the defense, testifies. She specializes in maternal-fetal medicine, regularly provides assessment and counseling concerning the safety of a wide variety of medications used to treat medical diagnoses in pregnancy, and conducts original research and has authored or co-authored peer-reviewed and other publications in multiple areas of medicine and health care ethics. Dr. Kraus noted in her written declaration: “Based on my review of the scientific literature, I conclude to a reasonable degree of scientific certainty that providing pregnant women with supplemental progesterone following the initiation of a medication abortion is safe and efficacious at increasing the likelihood of continuation of pregnancy.”
Day 9: Mary Davenport, M.D., OB/GYN, wraps up her testimony.
Day 8: Erika Carillo, a mother who was able to save her baby after starting APR, testifies. At RealOptions, she had an ultrasound and was able to see her unborn baby for the first time. Erika’s son is nine years old this year. Her story–and pictures of her son–are now part of the public legal record.
Mary Davenport, M.D. and OB/GYN and Medical Director for RealOptions, begins her testimony. She explains how RealOptions offers the APR protocol to women who have taken the first abortion pill but have regrets and want to try to continue their pregnancies.
Day 7: Heartbeat International President Jor-El Godsey finishes his testimony. Jor-El testifies that, “Every day we answer the phone for women who are regretting their decision of taking that first pill of the chemical abortion, looking for an answer… We know our information is good. We know that lives have been saved.”
Professor Briony Swire-Thompson, Ph.D., California’s “misinformation” expert, testifies. The State claims APR is “false advertising,” yet scientific evidence supports APR claims. Thomas More attorneys explain more here.
Day 6: Heartbeat International President Jor-El Godsey takes the stand to give testimony and explains that Heartbeat receives no kickback or payment but simply answers the call from women who call our hotline in tears, know they’ve made a mistake, and want a chance to continue their pregnancies and meet their babies.
Day 5: David Glidden, Ph.D statistics expert for the State, testifies.
Day 2-4: Dr. Mitchel Creinin continues his testimony.
Related: Thomas More Society writes about “10 Moments California’s Case Against Abortion Pill Reversal Collapsed—During Its Own Abortion Expert’s Testimony – California hoped Dr. Mitchell Creinin would dismantle the science behind APR. Under cross-examination, the cracks in their case showed.”
Heartbeat International clarifies what’s at stake in the lawsuit and asks supporters for prayer.
Danielle White, General Counsel for Heartbeat International, writes how “[p]oliticians who routinely invoke the language of ‘choice’ now seek to suppress information that women are seeking.”
Day 1: Attorneys for the State of California and Heartbeat International and RealOptions make their opening arguments. Dr. Mitchel Creinin, the State’s medical expert, also begins testimony.
In his opening argument, Paul M. Jonna, Special Counsel for Thomas More Society and Partner at LiMandri & Jonna LLP, states, “This case asks whether the State can punish truthful information about a free service as commercial fraud. By the end of this trial, the evidence will show that it cannot—for reason after independent reason.” Thomas More publishes the opening statement on its website.
Related: In Heartbeat International’s press statement, President Jor-El Godsey notes: “California claims to fight for women's choices. But seeking the 'death penalty' in fines to silence the charity she calls when she changes her mind is not freedom — it's control. No mom should be denied the chance to save her own baby's life. Heartbeat will always fight for a mother’s right to know and her right to choose life.”
Of note: The State of California has conceded that it has received no complaints from California women regarding APR.
Heartbeat’s fight for hope and women’s health will continue–no matter the outcome of our legal battle. While pro-abortion zealots will pose as health advocates by pointing women toward harmful, life-ending drugs, Heartbeat–and our vast network of APR providers–offer immediate hope, truth, and help for women facing their own reproductive “mayday.” There are few things more powerful than hearing women talk about their own mayday moments and turn–with gratitude and joy–to the smiling faces of their beautiful children.
