Supreme Court takes up New Jersey pregnancy clinic’s discrimination case
Teh U.S. Supreme Court has agreed to here a case regarding First Choice Women’s Resource Centers, a faith-based pregnancy clinic in New Jersey, which is contesting a state inquiry led by Attorney General Matthew Platkin. The center argues that the inquiry is politically motivated and infringes on its First Amendment rights, particularly its pro-life stance. The case, titled *First Choice Women’s Resource Centers v. Platkin*, questions whether federal courts have jurisdiction over constitutional claims made by religious organizations against state investigations or if such matters must be addressed first in state courts.
The investigation involves a subpoena demanding over a decade of sensitive documents from First Choice, including the identities of approximately 5,000 donors. The Alliance Defending freedom, representing the clinic, contends that the Attorney General’s actions constitute a violation of constitutional rights and seek to suppress religious and anti-abortion speech. The case highlights the ongoing legal conflicts surrounding pregnancy resource centers, particularly in their stance against abortion, and is set to be argued in the Court’s upcoming term starting in October.
Supreme Court takes up New Jersey pregnancy clinic’s discrimination case
The Supreme Court agreed Monday to hear a case brought by a New Jersey faith-based pregnancy center challenging what it called a politically motivated investigation by the state’s Democratic attorney general that threatens to chill its First Amendment rights.
The justices granted review in First Choice Women’s Resource Centers v. Platkin, a case centered on whether federal courts have jurisdiction when a religious organization claims its constitutional rights are being infringed by a state investigation, or whether such claims must be resolved first in state court.
“New Jersey’s attorney general is targeting First Choice — a ministry that provides parenting classes, free ultrasounds, baby clothes, and more to its community — simply because of its pro-life views,” Alliance Defending Freedom‘s Senior Counsel Erin Hawley said. “The Constitution protects First Choice and its donors from unjustified demands to disclose their identities, and First Choice is entitled to vindicate those rights in federal court.”
At issue is an aggressive investigatory subpoena issued by Democratic New Jersey Attorney General Matthew Platkin demanding that First Choice — a religious, medically licensed pregnancy clinic — turn over a decade’s worth of confidential documents, including the names of nearly 5,000 individual donors.
Platkin “made no secret of his hostility toward pregnancy centers,” according to a brief filed by the ADF, the same firm that represented the Mississippi Dobbs case that saw the overturning of Roe v. Wade three years ago.
The brief continued that he “issued a consumer alert — drafted with the help of Planned Parenthood — complaining that such centers do not provide or refer for abortion. He also signed an open letter pledging to take legal action against pregnancy centers.”
While the clinic complied with parts of the request, producing more than 2,300 pages of documents, it pushed back on what it argued were invasive and retaliatory demands designed to suppress its religious and anti-abortion speech. ADF filed a federal lawsuit on behalf of the New Jersey clinic, which lower courts dismissed on the basis that the state proceeding should take precedence.
“The lower courts have wrongly held that First Choice is relegated to state court to present its constitutional claims. That is inconsistent with civil rights law,” said Hawley, who is also the wife of Sen. Josh Hawley (R-MO).
The legal battle escalated after Platkin issued a consumer alert in 2022 warning about the alleged risks of pregnancy resource centers. The alert, according to court filings, was developed in consultation with Planned Parenthood and criticized such centers for not offering abortion services. Platkin later issued a subpoena to First Choice and filed a separate state lawsuit to enforce it.
PREGNANCY RESOURCE CENTER STEP UP HEALTHCARE POST-DOBBS
In their petition, ADF attorneys warned that if left unchecked, state officials could weaponize investigatory powers to suppress disfavored viewpoints, while plaintiffs would be denied access to federal courts for relief.
The high court is expected to hear arguments in the case during its next term, which begins in October.
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