The U.S. Supreme Court has unanimously ruled in favor of First Choice Women's Resource Centers, a faith-based pregnancy center, allowing it to proceed with a First Amendment lawsuit challenging a subpoena issued by the New Jersey Attorney General's office. The ruling addresses a procedural question regarding the timing of such legal challenges, rather than the underlying constitutional claims.
Case Background
First Choice Women's Resource Centers, an organization that provides prenatal care and promotes carrying pregnancies to term, was served a subpoena by then-New Jersey Attorney General Matthew Platkin. The subpoena sought donor lists and other information from the center as part of an investigation into whether the center engaged in misleading practices, including implying it offers abortion services.
The center argued that the investigation was unfounded and that the demand for donor lists violated its First Amendment rights to free speech and association.
First Choice attempted to challenge the subpoena in federal court, but a judge ruled the case was not yet ready for judicial review. An appeals court affirmed that decision.
Supreme Court Decision
The Supreme Court's unanimous ruling allows First Choice to pursue its lawsuit in federal court. The decision does not address the merits of the center's First Amendment claims but rather the procedural issue of whether the challenge could be brought at this stage of the investigation.
New Jersey had argued that the subpoena had not yet been enforced and that compliance remained voluntary, with any enforcement requiring a separate court order. The state also contended that a ruling in favor of First Choice could lead to an increase in federal court challenges to state and local subpoenas.
The American Civil Liberties Union (ACLU) supported First Choice's position on First Amendment grounds.
Broader Context on Pregnancy Centers
Facilities commonly known as "crisis pregnancy centers" have increased in number across the United States, particularly since the Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, which eliminated the federal constitutional right to abortion. Following that ruling, some Republican-controlled states enacted abortion restrictions and directed public funding to pregnancy centers.
Conversely, several Democratic-controlled states have initiated inquiries into whether certain pregnancy centers misrepresent their services. These centers typically provide free resources such as diapers, baby clothing, and counseling, sometimes in exchange for participation in parenting classes. While some centers employ licensed clinicians, many do not, distinguishing them from regulated medical facilities that provide services such as sexually transmitted infection testing and treatment.
Related Legislative Developments
Separately, model legislation known as the Center Autonomy and Rights of Expression (CARE) Act, drafted by the Alliance Defending Freedom (ADF), has been introduced in several states.
This legislation prohibits state and local governments from requiring pregnancy centers to perform abortions, provide abortion referrals, or inform patients about such services or contraception options. It also allows centers to sue government entities that violate these provisions.
- Wyoming lawmakers passed a version of the CARE Act on March 4.
- Versions have advanced in Kansas and Oklahoma in 2025.
- One was signed into law in Montana.
- A federal version, the Let Pregnancy Centers Serve Act, has been introduced in Congress but has not progressed.
Proponents of such legislation argue that pregnancy centers require legal protection from what they describe as legal and regulatory challenges. Opponents state that some centers present themselves as medical clinics without being subject to the same patient protection laws as licensed medical facilities.
According to available data, there were over 2,500 crisis pregnancy centers nationwide as of 2024, compared to 753 clinics providing abortions at the end of 2025. At least 19 states have funded "life-affirming" organizations, including pregnancy centers, with some states diverting Temporary Assistance for Needy Families (TANF) funds. Analysis indicates that pregnancy centers received $429 million in federal funding between 2017 and 2023.