Faith-Based Pregnancy Center Wins Key Supreme Court Ruling

A procedural victory allows a New Jersey crisis pregnancy center to challenge a state subpoena in federal court, as legislative battles and watchdog investigations continue nationwide.

Supreme Court Ruling on First Amendment Challenge

The U.S. Supreme Court issued a unanimous ruling on Wednesday siding with First Choice Women's Resource Centers, a "crisis pregnancy center" (CPC) in New Jersey. The decision permits the center to proceed with a lawsuit in federal court challenging a subpoena issued by the state's Attorney General.

Details of the Case

• The subpoena, issued by then-New Jersey Attorney General Matthew Platkin, requested donor lists and other information from First Choice as part of an investigation into whether the center engaged in misleading practices.
• First Choice argued that the investigation was baseless and that the demand for donor lists violated its First Amendment rights to free speech and association. The American Civil Liberties Union (ACLU) supported the center on First Amendment grounds.
• The state countered that the subpoena had not been enforced and that compliance was voluntary, arguing that a court order would be required to compel the release of records.
• The Justice Department under the Trump administration supported First Choice, stating the decision would apply only to groups with similar First Amendment arguments.

Significance of the Ruling

• This is a procedural decision and does not address the merits of the underlying First Amendment claims. It determines that First Choice can bring its challenge to the subpoena at this stage in federal court.
• The state had argued that a Supreme Court decision favoring First Choice could lead to a surge of federal court cases challenging state and local subpoenas.
• First Choice Executive Director Aimee Huber stated she expected the high court to rule in their favor, protecting similar facilities from investigations.

"The decision permits the center to proceed with a lawsuit in federal court challenging a subpoena issued by the state's Attorney General."

State-Level Legislation and Regulatory Environment

Separate legislative efforts are underway in multiple Republican-controlled states to protect crisis pregnancy centers. A model bill known as the Center Autonomy and Rights of Expression (CARE) Act, drafted by the Alliance Defending Freedom (ADF), has been introduced in several states.

Legislative Progress

Provisions of the CARE Act

• Prohibits state and local governments from requiring CPCs to perform abortions or provide referrals for abortion services
• Prevents governments from requiring CPCs to inform patients about abortion services or contraception options
• Allows CPCs to sue government entities that violate these provisions

Arguments For and Against the Legislation

Proponents, including ADF, argue that pregnancy centers require legal protection against "unprecedented attacks" following the overturning of Roe v. Wade.

Opponents state that CPCs often present themselves as medical clinics without being subject to the same patient protection laws as licensed medical facilities. Concerns have been raised about granting CPCs protections that other private businesses do not possess.

"Proponents argue that pregnancy centers require legal protection against 'unprecedented attacks' following the overturning of Roe v. Wade."

Watchdog Investigation into Medical Claims

The Campaign for Accountability, a nonprofit watchdog, sent a letter to the New York Attorney General requesting an investigation into crisis pregnancy centers for allegedly fraudulently advertising their ability to diagnose ectopic pregnancies.

Allegations and Examples

• The letter cites 100 examples across 49 states of CPC websites using language such as "rule out" ectopic pregnancy
• Cases in Texas and Massachusetts are mentioned where women were told their pregnancies were viable and later hospitalized for undiagnosed ectopic pregnancies
• The National Institute of Family and Life Advocates (NIFLA), a CPC membership organization, advises against using language that promises to rule out ectopic pregnancies, acknowledging it is "near impossible" without multiple tests and follow-up care
• Dr. Jonas Swartz, an OB-GYN at Duke Health, states that telemedicine abortion with medication abortion has been shown to be safe without an ultrasound, and that medication abortion does not worsen an ectopic pregnancy

Background on Crisis Pregnancy Centers

• Crisis pregnancy centers are organizations, many affiliated with religious groups, that aim to discourage abortion. They typically offer free services such as pregnancy tests, ultrasounds, diapers, baby clothing, and counseling.
• Since the Supreme Court's 2022 decision eliminating the nationwide constitutional right to abortion, the number of CPCs has increased. As of 2024, there are over 2,500 CPCs nationwide, compared to 753 clinics providing abortions at the end of 2025.
• At least 19 states have funded "life-affirming" organizations, including CPCs, with some states diverting Temporary Assistance for Needy Families (TANF) funds. An analysis indicates that CPCs received $429 million in federal funding between 2017 and 2023.
• Some Democratic-leaning states have investigated whether certain CPCs misrepresent their services, specifically regarding the provision of abortions.
• In contrast, organizations like Planned Parenthood provide a range of regulated health services, including testing and treatment for sexually transmitted infections, primary care, and cervical cancer screenings, and are regulated as medically licensed entities.