Supreme Court to hear arguments over whether states may subpoena faith-based pregnancy centers

The Supreme Court has agreed to hear a significant First Amendment case involving a faith-based nonprofit organization, First Choice Women’s Resource Centers, which operates five crisis pregnancy centers in New Jersey. The case centers around a subpoena issued by the state’s Democratic attorney general, which the organization argues infringes upon its rights. The nonprofit is contesting a ruling from the 3rd US Circuit Court of Appeals, which sided with the state and mandated that the organization continue to challenge the subpoena in the state court system. This legal battle raises important questions about the balance between state regulatory powers and the constitutional rights of religious organizations, particularly in the context of reproductive health services and consumer protection laws.

In 2023, New Jersey officials initiated the subpoena as part of an investigation into potential violations of consumer fraud laws by the crisis pregnancy centers. The state claims that the centers, which are anti-abortion, may have misled patients into believing they could receive abortion services. The subpoena requests various documents, including advertisements and donor information, aiming to determine if the centers or their staff engaged in any deceptive practices. First Choice Women’s Resource Centers views this subpoena as a threat to their donor confidentiality, drawing parallels to a 2021 Supreme Court decision that deemed a similar California law unconstitutional. The 3rd Circuit's divided ruling in December concluded that the nonprofit's objections were not yet ripe for judicial review since the state courts had not enforced the subpoena. The outcome of this case could have significant implications for the intersection of religious freedom, donor privacy, and state oversight in the context of reproductive health services.