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Supreme Court Hears First Amendment Case on Subpoena to Crisis Pregnancy Centre

2025-12-02
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Crisis Pregnancy Center Takes Legal Battle to Supreme Court Over Investigative Subpoena

WASHINGTON (AP) — A faith-based pregnancy center is set to challenge an investigation regarding allegations of misleading practices intended to deter women from opting for abortions. This pivotal case is set to be heard by the U.S. Supreme Court on Tuesday, raising crucial questions about First Amendment rights and how states regulate crisis pregnancy centers.

The outcome of this case has significant implications for the ongoing national debate about abortion access and the role of crisis pregnancy centers in the U.S., especially following the Supreme Court’s 2022 ruling that overturned the constitutional right to abortion. The ruling has led to increased state regulations and funding directed toward these centers, just as many Democratic-led states have moved to safeguard abortion rights and scrutinize the operations of such facilities.

Key Developments

  • The Supreme Court will hear arguments from First Choice Women’s Resource Centers, a crisis pregnancy center, challenging a subpoena issued by New Jersey’s attorney general.
  • First Choice claims that the investigation infringes on their First Amendment rights and contends that it was initiated without basis.
  • New Jersey officials argue that the subpoena imposes no mandatory compliance and that First Choice is seeking preferential treatment.
  • The ACLU has joined the case to advocate for First Choice’s right to free speech.

Full Report

Challenge to Subpoena

First Choice Women’s Resource Centers has come under scrutiny following a subpoena demanding donor information from the facility. The organization, which emphasizes prenatal care and discourages abortions, contends that this investigation is unfounded and poses a threat to their First Amendment rights. They initially sought to contest the subpoena in federal court; however, that effort was unfavorably met with a judge’s ruling indicating that the case had not progressed sufficiently. An appeals court upheld this decision, prompting First Choice to escalate the matter to the Supreme Court, where they hope to secure a ruling that would not only favor their center but also discourage future legal actions against similar organizations.

State’s Position

Conversely, New Jersey’s legal team maintains that First Choice’s claims of undue pressure are exaggerated. According to state attorneys, the subpoena simply requests voluntary compliance, without any immediate requirement to release records. This perspective underscores the state’s view that the center is mischaracterizing the nature of the inquiry.

Support from Advocacy Groups

The ACLU has expressed its support for First Choice, emphasizing the broader implications for free speech among advocacy groups that hold unpopular views. Erin Hawley from the conservative legal organization Alliance Defending Freedom echoed this sentiment, stating that such subpoenas could impose significant challenges on advocacy entities across the ideological spectrum.

Context & Previous Events

The rise in crisis pregnancy centers throughout the U.S. has been particularly notable since the Supreme Court’s conservative majority discarded the nationwide right to abortion in 2022. This shift has catalyzed some Republican-led states to enforce stricter abortion bans while directing taxpayer funds to these centers that primarily focus on promoting prenatal care and carrying pregnancies to term. Conversely, Democratic-led states have sought to preserve abortion access and have initiated investigations into whether these centers mislead women regarding available services. In a notable example, New Jersey’s attorney general issued a subpoena to First Choice asking for donor records.

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