U.S. Supreme Court hears dispute over faith-based pregnancy centers
Caroline MolloyThe U.S. Supreme Court heard oral arguments Tuesday on whether a New Jersey faith-based pregnancy center may immediately assert its First Amendment right to challenge a state subpoena demanding donor information — including names, addresses, and places of employment — in federal court, or whether it must first proceed through the state court system.
The case, First Choice Women’s Resource Centers, Inc. v. Platkin, has drawn support from a diverse array of groups, including the U.S. Conference of Catholic Bishops, The Church of Jesus Christ of Latter-day Saints, members of Congress, the Trump administration, and the ACLU. All argue that First Choice should be able to challenge the subpoena in federal court without first litigating the issue in New Jersey state court.
At the center of the dispute is a 2023 subpoena issued by New Jersey Attorney General Matthew J. Platkin seeking extensive donor information from First Choice. In 2022, Platkin created what he called a “reproductive rights strike force” to “protect access to abortion care,” and his office issued a “consumer alert” describing crisis pregnancy centers like First Choice as organizations that may provide “false or misleading information about the safety and legality of abortion.”
In its Supreme Court brief, First Choice describes itself as a faith-based nonprofit serving women in New Jersey by providing material support and medical services such as ultrasounds and pregnancy tests under a licensed medical director. The organization does not provide or refer for abortions, a point it plainly and repeatedly states on its website.
Platkin’s subpoena commanded First Choice to produce documents and information responsive to 28 separate demands, including the full names, phone numbers, addresses, and current or last known employers of every donor who contributed money by any means other than one specific website. It warned that failure to comply could result in contempt of court and other legal penalties.
The attorney general’s office said it needed donor identities to determine whether contributors were “misled” into believing First Choice provided abortions. Platkin argued he needed donor contact information so he could “contact a representative sample and determine what they did or did not know about their donations.”
First Choice quickly sued in federal court, arguing the subpoena violated its First Amendment rights by chilling its speech and freedom of association. The federal district court dismissed the case as “unripe,” ruling that the pregnancy center must wait until a New Jersey court seeks to enforce the subpoena. The Supreme Court later agreed to hear the case to determine whether First Choice may pursue its challenge in federal court now.
