Full Breakdown
Supreme Court Blocks New Jersey Subpoena on Faith-Based Pregnancy Centers
4/30/2026, 3:03:29 AM
Supreme Court Decision Overturns State Subpoena
On a Wednesday, the U.S. Supreme Court issued a unanimous opinion holding that New Jersey’s attorney general violated the First Amendment by issuing subpoenas demanding private donor information from First Choice Women’s Resource Centers. The ruling allows First Choice to pursue its challenge in federal court but does not address the merits of the underlying fraud allegations.
Background: State Investigation and Constitutional Claim
First Choice, a coalition of five Christian-based pregnancy centers in New Jersey, provides prenatal services, parenting classes, free ultrasounds, and baby supplies. The state’s former attorney general, Matt Platkin, issued subpoenas seeking donor data, arguing that the centers might be engaged in consumer-fraud practices by steering women away from abortions. First Choice contended that the subpoenas were “baseless” and constituted a “fishing expedition,” asserting that the demand for donor information chilled association and speech protected by the First Amendment.
Key Players
- First Choice Women’s Resource Centers – The plaintiff, operating five facilities for four decades.
- Jennifer Davenport – Current New Jersey attorney general, who defended the subpoenas and emphasized the state’s fraud-prevention authority.
- Justice Neil Gorsuch – Author of the Supreme Court opinion, emphasizing precedent that demands for donor information burden constitutional rights.
- Erin Hawley – Counsel for Alliance Defending Freedom, representing First Choice in oral arguments.
- Aimee Huber – Executive director of First Choice, who described the subpoena as intended to cripple the centers.
Data & Statistics
- Five facilities comprise First Choice’s network.
- The centers have operated for approximately four decades, sustained largely by private donors.
- Services include parenting classes, free ultrasounds, baby clothing, and counseling.
Official Statements & Responses
Attorney General Davenport characterized the decision as a procedural limitation, noting that New Jersey law prohibits nonprofit deception and that the state will continue to enforce its fraud statutes. Justice Gorsuch’s opinion reiterated that official demands for donor information “burden the exercise of First Amendment rights.” Alliance Defending Freedom counsel Hawley described the ruling as a “resounding victory” for religious liberty. First Choice’s leadership emphasized the absence of any complaints cited by the attorney general.
Criticism & Opposition
The attorney general’s office maintains that the subpoenas were grounded in consumer-fraud concerns, asserting that the state possesses broad authority to investigate organizations that may mislead donors or the public. This position reflects a broader tension between state regulatory powers and claims of protected religious expression.
Conflicting Reports & Gaps
First Choice asserts that no complaints have been filed against it, while the attorney general’s office references potential fraud without specifying particular allegations. The lack of disclosed complaints creates a factual gap regarding the basis for the state’s investigation.
Verbatim Quotes
- “An official demand for private donor information is enough to discourage reasonable individuals from associating with a group. It is enough to discourage groups from expressing dissident views,” — Neil Gorsuch, U.S. Supreme Court Justice
- “Over and again, we have held those demands burden the exercise of First Amendment rights,” — Neil Gorsuch, U.S. Supreme Court Justice
- “Today’s procedural decision holds only that First Choice can pursue its challenge to our subpoena, not that its challenge should prevail,” — Jennifer Davenport, New Jersey Attorney General
- “New Jersey’s attorney general targeted First Choice—a ministry that provides parenting classes, free ultrasounds, baby clothes, and more to its community—simply because of its pro-life views," Hawley said.” — Erin Hawley, Alliance Defending Freedom counsel
- “I think it's important to realize that there have been no complaints that have been cited by the attorney general against First Choice, not one," Huber said at the time.” — Aimee Huber, Executive Director, First Choice Women’s Resource Centers
What’s Next
Attorney General Davenport indicated that the state intends to defend the subpoena in federal court, signaling continued litigation over the balance between consumer-fraud enforcement and First Amendment protections.
