Full Breakdown
Supreme Court Allows Anti-Abortion Center to Challenge New Jersey Subpoena on First Amendment Grounds
4/29/2026, 9:30:16 PM
Supreme Court Decision Grants Federal Standing
In a unanimous 9-0 opinion, the Supreme Court held that First Choice Women’s Resource Centers may sue in federal court over a New Jersey subpoena seeking donor lists and related records. The Court said the subpoena threatened First Amendment rights of free speech and association, granting procedural standing without addressing the merits of the investigation.
Background of State Probes
Crisis pregnancy centers—often called “crisis pregnancy centers”—have proliferated as Republican-led states restrict abortion. Democratic-controlled states such as New Jersey have begun probing whether these centers mislead women about services, including implying they provide abortions. In 2023 Attorney General Matthew Platkin issued a subpoena to First Choice to assess donor deception.
Key Players
The litigation involved First Choice Women’s Resource Centers; New Jersey Attorney General Matthew Platkin; the ACLU (amicus brief); Alliance Defending Freedom (counsel); the U.S. Department of Justice (defense); and Justice Neil Gorsuch (author).
Scale of Crisis Pregnancy Centers
About 2,600 crisis pregnancy centers operate nationwide, forming a multibillion-dollar industry that often receives public funds. A 2025 Reproductive Health and Freedom Watch report noted many provide scientifically inaccurate information and remain largely unregulated.
Official Statements
The Justice Department argued the ruling’s impact would be limited to groups with similar First Amendment claims. New Jersey officials argued the subpoena was narrowly focused on donor deception and did not violate constitutional rights. The ACLU warned that donor-list subpoenas can chill association, and the DOJ defended First Choice.
Criticism
Critics argue the decision may let anti-abortion centers sidestep state regulations intended to protect patients from deceptive practices. Many centers, despite taxpayer funding, lack medical licensing and sometimes shame women seeking abortions. The 2025 Reproductive Health and Freedom Watch report flagged oversight gaps and misinformation risks.
Verbatim Quotes
- “We are not asked to decide the merits of First Choice’s federal lawsuit, only whether it may proceed,” — Justice Neil Gorsuch
- “caused it to suffer an actual and ongoing injury to its First Amendment rights by deterring donors from associating with it.” — Justice Neil Gorsuch
- “The Justice Department argued that any impact would be relatively small since the decision would only apply to groups with similar First Amendment arguments.” — U.S. Department of Justice
- “LOADING ERROR LOADING The Supreme Court on Wednesday ruled in a unanimous decision that an anti-abortion pregnancy center had the right to challenge an order to disclose information about their donors in First Choice Women’s Resource Centers, Inc.” — Supreme Court
