Supreme Court to Review New Jersey AG’s Subpoena Request

The Supreme Court has agreed to examine a request concerning New Jersey Attorney General Matthew Platkin’s Prolife Pregnancy Center, which calls for the center to disclose its donors.

Back in November 2023, Platkin issued a subpoena aimed at first choice women’s resource centers, seeking internal documents that name nearly 5,000 donors without any complaints being tied to the center. This information was part of the center’s lawsuit against him.

The center’s petition argues, “State law allows the Attorney General to initiate an investigative request based on a subjective perception of fraud being in the public interest.” They noted a trend where state attorneys general have expanded their investigative powers to sometimes target political figures.

Furthermore, the petition highlights that Platkin’s known hostility towards the pregnancy center is quite evident. One notable aspect in the discussion is the ongoing situation regarding Planned Parenthood funding, particularly how that plays into broader financial struggles.

Platkin has made consumer alerts stating that such centers do not provide or refer for abortions, and he has previously signed an open letter indicating his commitment to pursuing legal actions against the pregnancy center.

The Third Circuit had previously determined it couldn’t address the center’s complaints until a New Jersey court enforced the subpoena. Platkin mentioned in a briefing that the subpoena “is not self-executing and requires enforcement via a court.” As it stands, the petitioner won’t be facing penalties unless there’s a judicial order demanding the production of documents.

Erin Hawley, a senior advisor at Alliance Defending Freedom, commented that there are constitutional protections regarding the initial choice and that the demands for donor identification could be viewed as unfair. She emphasized that such centers should be able to assert their rights in federal court.