Supreme Court leans toward faith-based pregnancy centers in NJ subpoena fight
The case tests if states can demand donor and internal records from nonprofits without law violation accusations, with broad support warning of First Amendment risks.
- On Dec. 2, the U.S. Supreme Court heard arguments in First Choice Women's Resource Centers v. Platkin, challenging a November 2023 subpoena from New Jersey Attorney General Matthew Platkin seeking internal documents including videos, guidance, and donor lists.
- Matthew Platkin said he was enforcing state laws banning deceptive practices, relying on a New Jersey statute permitting public-interest subpoenas that the New Jersey Supreme Court calls 'the power of inquisition.'
- The U.S. District Court told First Choice Women's Resource Centers to await state court enforcement mechanisms before relief, while the attorney general argued the enforcement threat was not sufficiently 'imminent'.
- At stake is whether the First Amendment bars states from demanding internal communications and donor lists absent allegations of illegal conduct, as the American Civil Liberties Union sided with pro-life, gun-rights, and business groups.
- By deciding whether states can demand donor lists and internal communications, the court will influence donor privacy and organizational speech, with opponents citing intrusive state enforcement mechanisms.
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Supreme Court leans toward faith-based pregnancy centers in NJ subpoena fight
The Supreme Court appeared sympathetic to First Choice Women’s Resource Centers at oral arguments in its fight against a subpoena from New Jersey’s attorney general seeking donor information.
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