The U.S. Supreme Court on April 29 said a group of faith-based pregnancy centers can sue New Jersey in federal court to block a subpoena of their records.
In a unanimous ruling, the justices said the subpoena interfered with the pregnancy center’s First Amendment right of free association.
New Jersey Attorney General Matthew Platkin was one of 16 attorneys general who signed onto a letter criticizing “anti-abortion crisis pregnancy centers,” accusing them of deceiving patients who were seeking abortions.
Platkin issued the subpoena against First Choice Women’s Resource Centers in late 2023, accusing the organization of misleading its donors and consumers through false advertising. Platkin had alleged that while the organization’s donor website touted its pro-life stance, its client websites were less explicit on its viewpoint.
Platkin also accused First Choice of providing false information by saying an ultrasound is “generally required before you take the abortion pill,” and by saying medical abortions can be reversed in some cases.
Among other records, Platkin demanded to see First Choice’s donor records. Such information is usually kept private to protect donors from pressure or retaliation.
Lower courts had ruled that First Choice could not bring its case in federal courts until a state court compelled obedience to the subpoena and addressed alleged violations of its constitutional rights.
In its briefs, First Choice told the Supreme Court that this created a “Catch-22” because of a legal doctrine known as res judicata, which prevents the relitigation of an issue that was already decided by another court.
This is a developing story and will be updated.
