The US Supreme Court ruled unanimously on Wednesday in favor of the 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 centers on First Choice Women's Resource Centers, which operates five locations in New Jersey. The organization challenges a 2023 subpoena issued by then-New Jersey Attorney General Matthew Platkin, a Democrat, seeking information about donors and doctors. First Choice argues that the subpoena violates its First Amendment rights to free speech and free association.
A lower court had dismissed the lawsuit, ruling that federal claims were premature because state court litigation was ongoing. However, the Supreme Court reversed that decision, allowing First Choice to pursue its constitutional challenge in federal court.
Investigation into Deceptive Practices
The subpoena was part of an investigation into whether First Choice deceived donors and potential clients by falsely implying that its facilities offer abortions and other reproductive healthcare services, which would violate New Jersey's consumer-protection law. First Choice's facilities aim to dissuade women from having abortions.
The organization contended that the subpoena chilled its First Amendment rights, causing some donors to reconsider their support. The Supreme Court's decision did not address whether the centers actually engaged in deceptive practices; it only determined that the federal lawsuit could proceed.
Supreme Court's Unanimous Decision
Justice Clarence Thomas wrote the opinion for the unanimous court, stating that First Choice had a legal basis to bring its constitutional claims in federal court. The decision noted that the state court proceedings did not preclude federal review of the constitutional issues raised by the subpoena.
The Trump administration had filed a brief supporting First Choice, arguing that the lower courts erred in dismissing the case.
Broader Context
The Supreme Court, with a 6-3 conservative majority, overturned Roe v. Wade in 2022, which had guaranteed the constitutional right to abortion nationwide. Following that decision, Platkin's office issued a consumer alert warning the public that crisis pregnancy centers do not provide abortions and may disseminate false or misleading information about abortion.
Crisis pregnancy centers offer services to pregnant women with the goal of dissuading them from abortion. Critics argue that such centers often do not clearly disclose their anti-abortion stance, leading to accusations of deception.
Legal Proceedings
First Choice was represented by the Alliance Defending Freedom, a conservative legal group known for advocating on behalf of anti-abortion plaintiffs. After First Choice filed its federal lawsuit, Platkin sought enforcement of the subpoena in state court. A state judge in 2024 declined to quash the subpoena immediately, ordering negotiations for a narrower version and allowing constitutional issues to be litigated later.
In the federal case, U.S. District Judge Michael Shipp dismissed First Choice's complaint, finding the claims premature because the organization could still raise constitutional arguments in state court and faced no immediate contempt risk. The Third U.S. Circuit Court of Appeals upheld that decision in a 2-1 ruling in 2024, prompting the appeal to the Supreme Court.
The Supreme Court heard oral arguments in December 2025. The decision now sends the case back to lower federal courts for further proceedings.
