WASHINGTON — The Supreme Court announced on Monday its decision to hear a case involving a religiously affiliated pregnancy center in New Jersey, which is challenging a state-level investigation into whether it misled individuals about the scope of its services, particularly in relation to abortion referrals.
The case comes from First Choice Women’s Resource Centers, which is appealing against a 2023 subpoena issued by New Jersey’s Democratic Attorney General, Matthew Platkin. The subpoena had sought detailed information including the center’s donor lists, advertising practices, and information about its medical staff. This request has yet to be enforced.
The decision to hear the appeal comes almost three years after the landmark overturning of abortion rights at the national level. Since this pivotal decision, states governed by Republicans have generally imposed more restrictive abortion laws, while Democrat-led states have mostly sought to ensure access to abortion.
The legal representation for First Choice Women’s Resource Centers characterizes their organization as a “faith-based, pro-life pregnancy center,” which aims to provide alternatives for women who might consider abortion. These centers are typically focused on discouraging abortion among women confronting an unplanned pregnancy.
The group faced a legal obstacle in federal court, where a judge deemed that the issue had not yet matured enough to merit a decision. An appellate court upheld this determination. Subsequently, First Choice appealed to the Supreme Court, arguing that the demand for donor information infringed upon their First Amendment rights.
Simultaneously, Attorney General Platkin has been pursuing enforcement of the subpoena through state courts. Thus far, however, the state judiciary has resisted efforts to compel First Choice to deliver the requested documents, instead suggesting negotiation between the parties.
Platkin expressed his stance, urging the Supreme Court to decline the case, alleging the organization persistently evaded transparency concerning its practices and alleged misinformation on reproductive health care.
“First Choice is seeking exceptional treatment to bypass standard procedural regulations, resisting a completely legitimate state subpoena,” Platkin stated. “No industry merits such exceptions — full stop.”
First Choice has countered, suggesting that attorneys general, across the political spectrum, have been known to misuse their investigative powers, and that organizations should be allowed to contest such demands in federal court.
Represented by Alliance Defending Freedom, First Choice claims that the New Jersey attorney general is unjustly targeting it due to its pro-life stance.
“New Jersey’s attorney general is targeting First Choice — a ministry that provides parenting classes, free ultrasounds, baby clothes, and more to its community — simply because of its pro-life views,” expressed attorney Erin Hawley. “We are looking forward to presenting our case to the Supreme Court.”
The Supreme Court is scheduled to hear the case arguments in the upcoming fall.