U.S. Supreme Court to hear major NJ case involving anti-abortion group
WASHINGTON — The Supreme Court said Monday it will hear from a faith-based pregnancy center in New Jersey challenging a state investigation into whether it misled people into thinking its services included referrals for abortion.
The justices agreed to consider an appeal from First Choice Women’s Resource Centers, which wants to block a 2023 subpoena from Democratic New Jersey Attorney General Matthew Platkin seeking information about donors, advertisements and medical personnel. It has not yet been served.
The Supreme Court agreed to hear the case nearly three years after overturning abortion as a nationwide right.
Since then, most Republican-controlled states have started enforcing new bans or restrictions, and most Democrat-dominated ones have sought to protect abortion access.
Attorneys for First Choice Women’s Resource Centers had described the organization as a “faith-based, pro-life pregnancy center.” Pregnancy centers generally try to steer women facing an unwanted pregnancy away from choosing an abortion.
The group challenged the subpoena in federal court, but a judge found that the case wasn’t yet far enough along to weigh in. An appeals court agreed.
First Choice Women’s Resource Centers appealed to the Supreme Court, saying the push for donor information had chilled its First Amendment rights.
“State attorneys general on both sides of the political aisle have been accused of misusing this authority to issue demands against their ideological and political opponents," its lawyers wrote. “Even if these accusations turn out to be false, it is important that a federal forum exists for suits challenging those investigative demands.”
Meanwhile, Platkin has sought to enforce the subpoena in state court, but the judge there has so far refused the state’s push to require the group to turn over documents and told the two sides to negotiate instead.
Full reaction by N.J. Attorney General Matt Platkin on Supreme Court case
“First Choice—a crisis pregnancy center operating in New Jersey—has for years refused to answer questions about their operations in New Jersey and the potential misrepresentations they have been making, including about reproductive healthcare. We issued a lawful subpoena in November 2023 to ensure that First Choice was complying with all relevant state laws. Non-profits, including crisis pregnancy centers, may not deceive or defraud residents in our State, and we may exercise our traditional investigative authority to ensure that they are not doing so—as we do to protect New Jerseyans from a range of harms.
“The question before the U.S. Supreme Court focuses on whether First Choice sued prematurely, not whether our subpoena was valid. I am optimistic that we will prevail when the Supreme Court considers that question this fall. First Choice is looking for a special exception from the usual procedural rules as it tries to avoid complying with an entirely lawful state subpoena, something the U.S. Constitution does not permit it to do. No industry is entitled to that type of special treatment—period.
“I remain committed to enforcing our fraud laws without fear or favor against anyone who would harm or violate the rights of our residents, no matter how powerful the entity on the other side.”
The state had asked the justices to pass on the case, saying it doesn’t present the kind of significant lower-court controversy that requires the justices to step in.
“The decision below is correct and does not have the impacts petitioner alleges,” state attorneys wrote.
The court will hear arguments in the case in the fall.
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