Supreme Court tackles faith-based center’s subpoena battle
A faith-based pregnancy center in New Jersey stands at the heart of a pivotal Supreme Court battle over First Amendment protections. The case raises sharp questions about whether the state can demand sensitive donor data without immediate federal oversight.
According to Catholic News Agency, First Choice Women’s Resource Centers, Inc. is challenging a 2023 subpoena from New Jersey Attorney General Matthew J. Platkin, which demands extensive donor details, including names, addresses, and employment information.
The subpoena, tied to Platkin’s “reproductive rights strike force” formed in 2022, targets crisis pregnancy centers like First Choice with claims they might mislead the public about abortion services. This move smells of ideological targeting, especially since First Choice openly states it neither provides nor refers for abortions on its website.
State Power Clashes with Free Association
First Choice, a nonprofit offering ultrasounds, pregnancy tests, and material support under a licensed medical director, argues the state’s demands chill its freedom of association. The threat of contempt for noncompliance looms large, a hammer poised to smash a small organization’s ability to operate.
Erin M. Hawley, representing First Choice, told the justices the subpoena was issued by “a hostile attorney general who has issued a consumer alert, urged New Jerseyans to beware of pregnancy centers, and assembled a strike force against them.” If that’s not a signal of bias dressed up as policy, what is?
Platkin’s office claims donor identities are needed to check if contributors were “misled” about the center’s services. Yet, with no specific complaint against First Choice identified, this fishing expedition looks more like harassment than a pursuit of justice.
Justices Question State’s Overreach
During oral arguments, Justice Neil Gorsuch pushed back on the state’s defense, pointing out that New Jersey law grants attorney general subpoenas the force of law with contempt as a penalty for noncompliance. He sharply noted, “I don’t know how to read that other than it’s pretty self-executing to me, counsel.”
Justice Elena Kagan also raised doubts, questioning whether an “ordinary person” receiving such a demand would feel safe knowing it technically needs court enforcement. Her point cuts to the core: legal fine print offers little comfort when the state comes knocking.
New Jersey’s chief counsel, Sundeep Iyer, insisted the subpoena hasn’t “objectively chilled” First Choice’s rights since it isn’t immediately enforceable without a court order. That argument feels like telling someone not to worry about a loaded gun because the trigger hasn’t been pulled yet.
Broader Support for Religious Freedom
The case has rallied a wide coalition, from the U.S. Conference of Catholic Bishops to members of Congress and even the ACLU, all backing First Choice’s right to challenge this in federal court now. The bishops’ brief warns that forcing donor disclosure violates religious freedom and burdens anonymous giving rooted in scriptural values.
This isn’t just about one pregnancy center; it’s about whether the state can weaponize subpoenas to intimidate faith-based groups under the guise of consumer protection. When a policy seems tailored to silence dissent against a progressive agenda, alarm bells should ring loud and clear.
Platkin’s prior “consumer alert” painting crisis pregnancy centers as deceptive adds fuel to the suspicion of a targeted campaign. Without hard evidence of wrongdoing, such actions erode trust in government as a neutral arbiter.
Decision Looms with High Stakes
The Supreme Court’s ruling, expected in the coming months, will set a precedent on whether federal courts can step in early to shield nonprofits from state overreach. If First Choice must slog through state courts first, as a lower federal court ruled, the delay could cripple its mission before any real defense is mounted.
For faith-based organizations across the nation, this case is a litmus test on the strength of First Amendment safeguards against ideological crusades masked as regulation. Losing this fight would embolden state officials to wield subpoenas as tools of pressure rather than truth-seeking.
Ultimately, the balance between state authority and individual liberty hangs in the courtroom’s air. First Choice’s stand isn’t just for itself, but for every small group daring to operate on conviction in a climate increasingly hostile to traditional values.




