The Supreme Court unanimously sided with a group of faith-based pregnancy centers on Wednesday that challenged the New Jersey attorney general’s investigation into whether the centers misled donors and the public about steering women away from having abortions.
The case was brought by First Choice Women’s Resource Centers, a group of five Christian-based facilities in New Jersey that provide various pre-natal services to women facing unplanned pregnancies. The Supreme Court found the state investigation violated the centers’ First Amendment rights, handing a victory to the pro-life movement, which had argued the probe rattled the centers’ donors.
The opinion was narrow, finding that First Choice is now able to sue over the state investigation in federal court.
First Choice had argued that then-Attorney General Matt Platkin, an elected Democrat, had issued baseless subpoenas to the pregnancy centers for donor information. Platkin had contended that the facilities presented consumer fraud concerns that the state had broad authority to investigate.
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Justice Neil Gorsuch, who authored the opinion, agreed with First Choice, saying the state-issued subpoenas breached the First Amendment.
“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,” Gorsuch wrote.
The high court’s majority rebuked Platkin, saying his probe did not align with longstanding court precedent.
“Over and again, we have held those demands burden the exercise of First Amendment rights,” Gorsuch wrote. “Disputing none of these precedents but seeking ways around them, the Attorney General has offered a variety of arguments. Some are old, some are new, but none succeeds.”
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Current New Jersey Attorney General Jennifer Davenport downplayed the ruling in a statement provided to Fox News Digital.
“Today’s procedural decision holds only that First Choice can pursue its challenge to our subpoena, not that its challenge should prevail,” Davenport said. “New Jersey law makes clear that nonprofits cannot deceive or defraud New Jerseyans. … We look forward to defending our subpoena in court. We will continue to enforce our fraud laws without fear or favor.”
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Alliance Defending Freedom counsel Erin Hawley, who presented First Choice’s case during oral arguments, called the decision a “resounding victory” and noted the services the centers provide.
“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. “That is blatantly unconstitutional.”
Hawley noted that if Davenport planned to continue the state’s fight in federal court, ADF lawyers “look forward to presenting First Choice’s case” there.
Fox News Digital met with First Choice Executive Director Aimee Huber in New Brunswick at one of the counseling centers just ahead of oral arguments last fall, where she said donors had kept the centers afloat for four decades and that Platkin’s probe was designed to cripple the facilities.
“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. “So, when we received the subpoena, it was clearly a fishing expedition. There were no complaints by donors or clients.”
Fox News’ Bill Mears and Shannon Bream contributed to this report.
