The Supreme Court issued a unanimous decision on Wednesday, ruling that an anti-abortion pregnancy center has the right to challenge a subpoena requiring disclosure of its donor information. The case, First Choice Women’s Resource Centers, Inc. v. Davenport, centered on First Amendment rights of the organization and its supporters.
Ruling Details
Justice Neil Gorsuch wrote the majority opinion, stating that the subpoena threatened the First Amendment right to association of the organization, granting it standing to sue in federal court under Article III. The opinion noted that compelled disclosure of affiliation with advocacy groups can effectively restrain freedom of association, requiring heightened scrutiny under the First Amendment.
Background of the Case
The dispute originated from a 2023 subpoena issued by then-New Jersey Attorney General Matthew Platkin, who investigated whether First Choice was misleading donors and potential clients about offering reproductive health care services. The Supreme Court addressed the procedural question of whether First Choice could fight the subpoena in federal court rather than state court.
Implications for Pregnancy Centers
The ruling is a significant victory for anti-abortion pregnancy centers, as it sets a precedent allowing them to bypass state regulations by seeking relief in federal courts. Alliance Defending Freedom, a conservative legal group, represented First Choice, with support from the Trump administration’s Department of Justice.
Narrow Technical Question
Gorsuch emphasized the narrow scope of the decision, stating that the court was not asked to decide the merits of First Choice’s lawsuit, only whether it could proceed. The court agreed that the subpoena caused an actual and ongoing injury to First Choice’s First Amendment rights by deterring donors from associating with the organization.
Context on Crisis Pregnancy Centers
Anti-abortion pregnancy centers, also known as crisis pregnancy centers, have a documented history of attracting pregnant women seeking abortion by implying they offer abortion services. First Choice’s website includes a tab for abortion services, but in small print identifies as an abortion clinic alternative that does not provide abortions. These faith-based organizations often operate near actual abortion clinics and may provide inaccurate medical information or discourage termination of pregnancy. A 2025 report from Reproductive Health and Freedom Watch indicates that despite being a multibillion-dollar industry funded by taxpayers, these centers remain largely unregulated.
