SCOTUS backs New Jersey pregnancy center’s subpoena challenge

In a unanimous decision Wednesday, the Supreme Court agreed that First Choice Women’s Resource Centers has standing to fight back against a demand that they turn over a decade’s worth of confidential records. The court agreed that a subpoena from former New Jersey Attorney General Matthew Platkin discouraged donors from supporting the Christian center and was worthy of a federal court review. In 2023, Platkin’s office requested more than 10 years of documents from the organization that operates five pro-life pregnancy centers in the state. Those documents included records of information provided to donors and clients, copies of advertising materials, and information identifying personnel. Platkin said his office was investigating the centers for possibly violating the state’s consumer fraud laws by deceiving donors into believing the pro-life group offered abortions.

How did the case get to the Supreme Court? After Platkin issued the subpoena, lawyers from Alliance Defending Freedom filed a federal lawsuit on behalf of First Choice challenging the move. A district court dismissed the case and the 3rd U.S. Circuit Court of Appeals also said the organization would have to fight the subpoena in state court before bringing a federal lawsuit. In January 2025, lawyers asked the U.S. Supreme Court to recognize the organization’s right to file a federal lawsuit and the high court in June agreed to hear the case. The justices heard oral arguments last December. Now, First Choice’s lawsuit will be allowed to move forward.

Dig deeper: Read Steve West’s report in Liberties about the case when it went before the Supreme Court.