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4. New Jersey pro-life pregnancy care center subpoena

First Choice Women's Center pro-life pregnancy clinic in Jersey City, New Jersey.
First Choice Women's Center pro-life pregnancy clinic in Jersey City, New Jersey. | Screenshot: Google Maps

In the case of First Choice Women's Resource Centers, Inc. v. Matthew J. Platkin, Attorney General of New Jersey, the Supreme Court will determine if New Jersey was wrong to demand that First Choice, a pro-life pregnancy center network, disclose its donor lists and information under threat of legal penalties.

New Jersey Attorney General Matthew Platkin subpoenaed First Choice in November 2023 for its records, including donor lists and private correspondence, to investigate if the network was violating the New Jersey Consumer Fraud Act.

Platkin was one of 16 Democratic attorneys general who had signed a letter in 2023 accusing pro-life centers of "misleading consumers and delaying access to critical, time-sensitive reproductive healthcare."

Before the subpoena deadline, First Choice filed a lawsuit against Platkin in December 2023, alleging that the subpoena was too broad and unconstitutional.

U.S. District Judge Michael A. Shipp, an Obama appointee, ruled against First Choice in 2024, concluding that the suit was "not ripe" and that the court "lacks subject-matter jurisdiction."

In February 2024, the Third U.S. Circuit Court of Appeals rejected the centers' emergency request to block the subpoena, denying it "without prejudice to reconsideration by the merits panel and/or the filing of a request for an expedited briefing schedule."

While the Supreme Court initially refused to take up the case in May 2024, it later agreed to hear oral arguments last June and did so last month.

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