I warned Colorado lawmakers this law was unconstitutional and now they will pay millions in attorney fees (Opinion) ...Saudi Arabia

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What’s the first step the Colorado General Assembly should take to fix its $850 million budget shortfall? How about they stop passing unconstitutional legislation? It costs money to defend bad laws in court and lose. This month the state of Colorado will pay $5.4 million to legal firm Becket and $700,000 to Alliance Defending Freedom after the judge found Senate Bill 190 violated the First Amendment.

Back in 2023, before SB-190 was signed into law, this very column warned the governor and lawmakers it would be found unconstitutional on these grounds. It was and now taxpayers must pay for the folly of politicians.

The unconstitutional law prohibited doctors and nurses from offering medical support to women seeking to reverse the effect of the abortion pill and continue their pregnancies. A chemical abortion requires two pills, mifepristone and misoprostol. The first prevents progesterone from being absorbed by the mother’s body causing the uterine lining that provides oxygen and nutrition to the baby to deteriorate. The second drug causes contractions and miscarriage.

Studies show that taking progesterone after the first abortion pill in place of the second pill is more effective at preserving pregnancy than simply not taking the second pill and hoping for the best. In fact, the latter alternative poses a possibility of health complications. Because progesterone is a natural hormone (I take it daily), it poses no risk to the mother.

Until the passage of SB-190, women who changed their minds after taking the first pill had the option of getting help from clinics that offered abortion pill reversal. By threatening medical providers with legal penalties, the law sought to deny women this choice.

After SB-190 became law, Bella Health and Wellness, a nonprofit health care clinic providing obstetrician, gynecology, pediatrics, and family medicine, sued. Later that year, a judge issued a temporary injunction against the abortion pill reversal ban while the case proceeded so that the clinic could continue to provide support to women who sought it. Another medical provider, a nurse practitioner Chelsea Mynyk, joined Bella Health and Wellness in the lawsuit. In 2025, the judge issued a permanent finding in Bella Health and Wellness v. Weiser that SB-190 did indeed violate the First Amendment. Last week, the state agreed to pay the attorneys’ fees of both plaintiffs as required by federal law.

During the course of the trial, at least 18 mothers who went to Bella Health and Wellness seeking abortion pill reversal celebrated the holidays with their babies. No matter where one stands on the issue of abortion, the fact that these women who wanted to sustain their pregnancies were able to give birth is something everyone can support.

Likewise, the fact that the state had to lose millions of dollars of taxpayers’ money to discover the First Amendment is something everyone should oppose. Sadly, this isn’t the first time we’ve funded their legal misadventures. After the Supreme Court found Colorado violated Lorie Smith’s First Amendment rights in 303 Creative LLC v. Elenis, the state had to pay her attorneys’ fees. That’s another $1.5 million wasted defending unconstitutional laws.

There’s more to come. When the state loses in Chiles v. Salazar later this year and the Supreme Court rules, yet again, in favor of a beleaguered plaintiff’s First Amendment rights, the state will lose more funds repaying her lawyers’ fees. How much of our money will it take before lawmakers learn they cannot violate constitutional rights? When in a hole, stop digging.

Krista Kafer is a Sunday Denver Post columnist.

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