The United States Supreme Court ruled unanimously on Wednesday in favor of an operator of Christian faith-based anti-abortion crisis pregnancy centers in New Jersey, allowing a federal lawsuit to proceed against a state investigation into alleged deceptive practices.
Background of the Case
The case involves First Choice Women's Resource Centers, which operates five locations in New Jersey. The organization challenged a 2023 subpoena issued by then-New Jersey Attorney General Matthew Platkin, a Democrat, seeking information about its donors and medical staff. A lower court had previously dismissed the lawsuit, but the Supreme Court revived it.
First Choice's facilities aim to dissuade women from having abortions. Platkin launched an investigation into whether the centers misled donors and potential clients by falsely implying they provide abortion and other reproductive healthcare services, potentially violating state consumer protection laws.
Legal Arguments
The Supreme Court did not address whether the centers engaged in deception. Instead, the focus was on whether First Choice had the legal standing to bring a constitutional challenge to the subpoena in federal court or must continue litigating in state court. The Trump administration supported First Choice's position.
In 2023, days before records were due, First Choice sued Platkin in federal court, arguing the subpoena violated its First Amendment rights to free speech and free association. A state judge later ordered negotiations for a narrower subpoena, allowing constitutional issues to be litigated later.
Court Proceedings
U.S. District Judge Michael Shipp dismissed First Choice's complaint, deeming the federal claims premature since the organization could pursue constitutional arguments in state court and faced no immediate contempt threat. The Third U.S. Circuit Court of Appeals upheld this decision in a 2-1 ruling, prompting the appeal to the Supreme Court.
The Supreme Court heard oral arguments in December 2025. The decision revives the lawsuit, sending it back to lower courts for further proceedings.
Broader Context
The Supreme Court, with a 6-3 conservative majority, overturned Roe v. Wade in 2022, ending nationwide abortion rights. After that, Platkin's office issued a consumer alert warning that crisis pregnancy centers do not provide abortions and may share false or misleading information about abortion.
Crisis pregnancy centers offer services to pregnant women with the goal of discouraging abortion, often without clearly advertising their anti-abortion stance. Abortion rights advocates label them deceptive. First Choice is represented by the Alliance Defending Freedom, a conservative legal group active in anti-abortion litigation.
