Supreme Court unanimously rules faith-based pregnancy centers may challenge New Jersey attorney general's subpoena in federal court

The Supreme Court's decision reversed a ruling by the Third US Circuit Court of Appeals, which had found that First Choice's claims were not yet ripe for federal review. New Jersey had argued its subpoena was not "self-executing" and that, because no state court had yet ordered document production under threat of contempt, federal intervention was premature. The Supreme Court rejected that argument.

Justice Gorsuch, writing for a unanimous court, said the attorney general's demands burdened First Amendment rights under longstanding precedent. "Since the 1950s, this court has confronted one official demand after another like the Attorney General's," Gorsuch wrote. "Over and again, we have held those demands burden the exercise of First Amendment rights. Disputing none of these precedents but seeking ways around them, the Attorney General has offered a variety of arguments. Some are old, some are new, but none succeeds."

The state had opened its investigation over whether the nonprofit's marketing left some patients with the impression they could receive abortions at its facilities. First Choice, which provides prenatal services, parenting classes, free ultrasounds, and baby supplies, argued the subpoena was issued without any formal complaints from donors or clients and constituted an unwarranted investigation into its private donor information.

The ruling rested on procedural grounds: the court found First Choice may now sue over the investigation in federal court, but did not rule on whether the subpoena itself is ultimately unconstitutional. Current New Jersey Attorney General Jennifer Davenport described the decision as a "procedural" one and stated the state "looks forward to defending our subpoena in court." Alliance Defending Freedom counsel Erin Hawley, who argued the case for First Choice, described the outcome as a "resounding victory."

The case drew an unusually broad coalition of supporting parties, including the US Chamber of Commerce, the Conference of Catholic Bishops, the American Civil Liberties Union, and the Reporters Committee for Freedom of the Press. The Trump administration also sided with First Choice, though it noted that subpoenas issued by federal agencies operate under different rules. The decision was seen as potentially making it easier for a range of groups — liberal and conservative — to challenge investigatory subpoenas from state officials on First Amendment grounds.