Supreme Court to hear case challenging state subpoena of anti-abortion group

The Supreme Court of the United States will hear a case to determine whether a faith-based pregnancy center can go to federal court to squash a state subpoena investigating alleged misleading practices.

In 2023, the New Jersey Attorney General’s Office and the Division of Consumer Affairs issued a subpoena to First Choice Women’s Resource Centers amid an investigation into whether the group was “misleading donors and potential clients regarding the health services they provide.” First Choice has argued the investigation is politically motivated and thus a violation of the group’s First Amendment rights.

As of now, the dispute is jurisdictional. The subpoena, which a state court must enforce, was appealed in federal court by First Choice. Lower federal courts have ruled the case isn’t ready for a federal challenge, as First Amendment challenges can be adjudicated in state court. The Supreme Court will decide whether federal courts have jurisdiction in this case.

The subpoena includes a demand for a list of donors who gave money through a couple of websites associated with the anti-abortion group. The state argues the websites may have illegally misled potential clients and donors about the ultimate aims of the group, and said identifying donors is a key step in furthering the investigation.

“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,” New Jersey Attorney General Matt Platkin said in a release Monday morning. “We issued a lawful subpoena in November 2023 to ensure that First Choice was complying with all relevant state laws.”

The state is also seeking information regarding advertisers and medical personnel affiliated with the group. The state judge presiding over the case has held off on enforcing the subpoena, instead pushing the state and First Choice to negotiate.

“I am optimistic that we will prevail when the Supreme Court considers that question this fall,” Platkin said in the release. “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.”

Lawyers for First Choice say a federal judge should be allowed to rule on the case if their First Amendment rights have been chilled (these constitutional issues have not been ruled on in this case). The group says Platkin, a Democrat, has targeted pregnancy centers like First Choice; Platkin says the state investigates groups that may have misled consumers regardless of their politics.

“The Attorney General’s Subpoena causes First Choice, its donors, and all those it associates with to think twice before speaking and associating with the faith-based nonprofit,” lawyers for the organization wrote in their appeal to the Supreme Court.

The Supreme Court is expected to hear the case sometime this fall.