On December 2, 2025, the Supreme Court showed support for faith-based pregnancy centers challenging New Jersey's demand for information on their fundraising practices. This case, involving First Choice Women’s Resource Centers, revolves around First Amendment rights and whether the center can litigate in federal court against subpoenas issued by the state's attorney general.
• Case Background: New Jersey Attorney General Matthew Platkin issued subpoenas demanding information from First Choice, checking if they misled women about reproductive health services, including abortions.
• First Choice’s Arguments: The center argues that the subpoenas could deter donors and violate their First Amendment rights. They filed for relief in federal court, claiming the need to protect their rights and the privacy of their donors.
• Court Proceedings: A New Jersey federal judge initially ruled that the complaint was not ready for federal court, deciding that only state courts could enforce the subpoena. The case went up to the U. S. Court of Appeals, which upheld the original decision, suggesting First Choice could still assert claims in state court.
• Dissenting Opinion: Judge Stephanos Bibas disagreed, drawing parallels to a similar Supreme Court case related to California's donor disclosure requirements that were found unconstitutional.
• Federal Government's Position: The U. S. solicitor general’s assistant argued that First Choice has the right to bring the lawsuit as long as there's a reasonable threat from the subpoena.
• Counterarguments: The New Jersey attorney contended that First Choice hadn't shown how the subpoena impacted its operations or rights because no state court order enforced it.
• Justices' Reactions:
• Justices expressed concern over whether the subpoenas would deter donors, indicating that reasonable donors might be afraid to contribute knowing their information could be disclosed.
• Justice Samuel Alito suggested that the characterization of the subpoena as non-self-executing felt more like a legal strategy than a reality.
• Justice Ketanji Brown Jackson pushed back against requiring plaintiffs to wait for state court action before filing a federal lawsuit, seeing potential barriers to fair litigation.
The Supreme Court is likely to decide on this first amendment case involving First Choice Women’s Resource Centers by late June or early July. The outcome could affect how faith-based organizations interact with state demands for information and the rights of donors to privacy.
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