Supreme Court agrees to hear pro-life pregnancy center's case against New Jersey subpoena

In 2023, the Supreme Court agreed to take up a First Amendment appeal from First Choice Women’s Resource Centers, a faith-based pregnancy center in New Jersey, which is challenging a subpoena issued by the state’s attorney general. The subpoena seeks information regarding the organization’s donors, advertisements, and staff, amid allegations that the center misled individuals into believing it provided referrals for abortion services. New Jersey Attorney General Matthew Platkin's investigation has suggested that the crisis pregnancy center may have violated consumer protection laws by failing to disclose its stance on abortion clearly. The center, which does not perform or refer for abortions, claims that the subpoena infringes upon its First Amendment rights by seeking sensitive information, including donor identities. In federal court, the organization contended that the demand had a chilling effect on its ability to speak freely about its beliefs. Lower courts determined that the case had not developed sufficiently for them to render a decision, leading the pregnancy center to appeal the matter to the Supreme Court. They argue that investigating bodies, regardless of their political affiliations, misuse their power to target specific ideological entities. Meanwhile, Platkin's office emphasized that their actions are standard procedural requirements for an investigation into potential misleading practices, highlighting that the subpoena serves as a vital step to ascertain the organization's compliance with state laws. His office has characterized First Choice's allegations as unfounded and argued that the center has not demonstrated a legitimate threat to its constitutional rights due to the state's requests. The case underscores the ongoing tension between state regulation in the medical field and First Amendment rights concerning free speech and religious expression, especially in a post-Roe v. Wade environment where pro-life organizations face increased scrutiny. A decision from the Supreme Court could set significant precedents regarding the limits of state investigations of organizations that assert their religious and ideological beliefs in the public sphere.