Supreme Court case to present new battleground for pro-life movement as blue states target pregnancy care centers

Democratic attorneys general are targeting pro-life pregnancy centers with aggressive legal tactics, in what has become a constitutional battle now headed to the Supreme Court.

The justices recently agreed to weigh a case centering around a Christian, pro-life pregnancy center in New Jersey – First Choice Women’s Resource Centers – from which state Attorney General Matthew Platkin has sought to compel private donor information by subpoena.

“States across the country, and primarily blue state AGs have been targeting pregnancy care centers with everything from subpoenas to actual lawsuits for a variety of reasons, and we see a prime example of this in New Jersey,” Alliance Defending Freedom Senior Counsel Erin Hawley told The Heartlander in an interview. First Choice was served a subpoena with “no allegation of wrongdoing” seeking up to ten years of data, internal documents, and donor information and communications, she said. 

“You name it, they asked for it,” Hawley said. “They wanted every donor’s name, address and telephone number that had donated through all but one specific website. And this, of course, is constitutionally protected information under a Supreme Court decision known as Americans for Prosperity,” Hawley added, noting the court has previously said there is an associational right in keeping donor information private.

Although the case touches on abortion, donor privacy, and First Amendment protections, the key legal question will be whether the center can go through the federal court to litigate its constitutional claims or if it must first go through state courts. The arguments will take place during the court’s next term, which is set to begin in October.

Ahead of arguments, Platkin has accused the pregnancy centers of refusing to “answer questions about their operations in New Jersey and the potential misrepresentations they have been making, including about reproductive healthcare.”

In a statement provided to The Heartlander, Platkin said he is “optimistic” about the state’s chances at the Supreme Court, and added that First Choice is “looking for a special exception from the usual procedural rules as it tries to avoid complying with an entirely lawful state subpoena, something the U.S. the Constitution does not permit it to do.”

Although the case centers around a relatively narrow legal question, it appears likely to have ripple effects for pro-life pregnancy centers – which have faced pressure or legal intimidation from blue state officials across the country.

Hawley told The Heartlander she “cannot say enough good things” about First Choice, which has had to fight through “five different courts and over 40-some briefs” to keep its donor identities private and protected.

“The Supreme Court has said that there’s an associational interest that includes the right to associate privately,” she said. “And you can just imagine if you had to release all of your donor lists for an unpopular cause.

“The New Jersey Attorney General has targeted pregnancy care centers. He’s called them fake clinics, he’s vowed to use legal resources against them, he has targeted them with a consumer alert. And so if you are a donor to that organization, you might not really want the attorney general calling you up and having your name and address.”