Supreme Court Backs Pro-Life Centers Against New Jersey Investigation

On Wednesday, the Supreme Court unanimously ruled in favor of pro-life pregnancy centers in New Jersey, which are currently facing a thorough investigation led by the state’s Democratic attorney general.

The case, First Choice Women’s Resource Center v. Platkin, centers on a subpoena issued by New Jersey Attorney General Matthew Platkin in 2023. This subpoena requires First Choice Women’s Resource Center to provide a decade’s worth of internal documents and donor information. The state asserts that the investigation aims to ascertain whether the organization misled donors and potential clients regarding its views on abortion, which, they argue, may have breached state consumer fraud laws. On the other hand, First Choice contended that this probe infringed upon its First Amendment rights, arguing it could deter donations.

As previously mentioned by Breitbart News, First Choice attempted to contest the subpoena in federal court, claiming that the state had violated its constitutional rights. In response, Platkin filed his own lawsuit in state court, leading to a federal court ruling which indicated that First Choice must first address its federal claims within state court.

Meanwhile, the Alliance Defending Freedom (ADF) filed a petition for First Choice, requesting the Supreme Court’s judgment that civil rights plaintiffs are not required to contest state investigations before advancing federal claims.

The Supreme Court decided to hear the case last June. Although the review was mainly procedural, the outcome could have significant repercussions for pro-life organizations, especially in light of the ongoing attacks they face both politically and violently since the overturning of Roe v. Wade. This ruling has the potential to influence thousands of similar centers and nonprofits nationwide, particularly concerning their ability to challenge state investigations and maintain donor confidentiality.

Justice Neil Gorsuch wrote the majority opinion, stating that New Jersey had violated First Choice’s First Amendment right to association, thus allowing the group to challenge the subpoena in federal court.

“Injury isn’t limited to physical harm or financial loss; it can also occur when a plaintiff’s constitutional rights are overridden,” he noted. “Requests for information on donors have a similar impact.” Gorsuch elaborated that such requests can discourage public engagement with organizations advocating for protected causes, ultimately leading people to shy away from First Amendment-safeguarded advocacy.

He emphasized that since the 1950s, the Court has encountered numerous such requests and consistently highlighted their burdensome nature on constitutional rights. “Despite various arguments from the Attorney General—both old and new—none were persuasive,” he concluded.

The justices overturned the lower appeals court’s decision, sending the case back for further proceedings.

First Choice’s Executive Director, Aimee Huber, expressed satisfaction with the ruling. “For over two years, Attorney General Platkin has relentlessly pursued First Choice, demanding confidential documents, including donor identities,” she stated. “His actions threaten the vital work we’re doing, which significantly benefits tens of thousands of women and children in New Jersey. The Supreme Court has affirmed that harassment by state officials against pro-life ministries cannot bypass federal court scrutiny.”

ADF attorney Erin Hawley, who represented First Choice before the Supreme Court, described the ruling as a “huge victory.” She remarked, “The Supreme Court upheld established precedent that protects First Choice and its donors from intrusive requests by adversarial state authorities.”

In her comments, she pointed out that New Jersey’s attorney general was targeting First Choice simply due to its pro-life stance, labeling such actions as unconstitutional. Hawley further indicated that if the attorney general continues to pursue this case upon remand, First Choice will be prepared to escalate the matter to federal court.

The case is identified as First Choice Women’s Resource Center v. Platkin, U.S. Supreme Court No. 24-781.