Supreme Court Unanimously Revives Federal Lawsuit by Anti-Abortion Centers
The US Supreme Court on Wednesday sided unanimously with the operator of Christian faith-based anti-abortion "crisis pregnancy centers" in New Jersey, allowing a federal lawsuit to proceed that challenges a state investigation into whether these centers engage in deceptive practices.
The justices revived a federal lawsuit brought by First Choice Women’s Resource Centers, which contests a 2023 subpoena issued by the New Jersey state attorney general. The subpoena sought information on the organization’s donors and doctors. Previously, a lower court had dismissed the lawsuit.
First Choice, which operates five locations in New Jersey, had appealed the lower court’s decision that its federal lawsuit was premature due to ongoing state court litigation concerning the subpoena.
Background of the Dispute
First Choice’s centers aim to dissuade women from having abortions. The subpoena was issued by then Democratic Attorney General Matthew Platkin as part of an investigation into whether First Choice misled donors and potential clients by falsely suggesting that the centers offered abortions and other reproductive healthcare services, potentially violating state consumer-protection laws and other statutes.
The subpoena demanded access to First Choice’s internal records, including the names of its doctors and donors. First Choice has stated that the subpoena caused some donors to reconsider their contributions.
The Supreme Court’s review did not address whether the centers acted deceptively. Instead, the case focused on whether First Choice had the legal standing to bring a constitutional challenge to the subpoena in federal court or if it must continue pursuing the matter in state court.
Legal Support and Arguments
The case received backing from the Trump administration, which supported First Choice.
In 2023, days before the records were due to be submitted, First Choice filed a lawsuit against Platkin in New Jersey federal court. The organization argued that the subpoena infringed on its First Amendment rights to free speech and free association.
The Supreme Court, which holds a 6-3 conservative majority, had in 2022 overturned the landmark 1973 Roe v. Wade decision that legalized abortion nationwide.
Following that ruling, Platkin’s office issued a consumer alert warning the public that crisis pregnancy centers do not provide abortions and may provide false or misleading information about abortion.
Crisis pregnancy centers typically offer services to pregnant women with the intent of discouraging abortion. These centers often do not clearly disclose their anti-abortion stance, leading abortion rights advocates to label them deceptive.
Representation and Subsequent Proceedings
First Choice was represented by the Alliance Defending Freedom, a conservative legal organization known for representing anti-abortion plaintiffs in other cases.
After First Choice filed the federal lawsuit, Platkin sought to enforce the subpoena in state court. In 2024, a state judge declined First Choice’s request to quash the subpoena temporarily and ordered the parties to negotiate a narrower subpoena. The judge noted that constitutional issues could be litigated in the future.
In the federal case, US District Judge Michael Shipp dismissed First Choice’s complaint, ruling that the federal claims were premature because the organization could continue to assert its constitutional claims in state court and was not under immediate threat of contempt.
In 2024, the Philadelphia-based Third US Circuit Court of Appeals upheld Judge Shipp’s ruling in a 2-1 decision, prompting First Choice to appeal to the Supreme Court. The Supreme Court heard arguments in December.
