Summary
First Choice Women’s Resource Centers have been providing services to pregnant women since 1985. The organization exists to give women the information and resources they need to make life-affirming decisions for themselves and their unborn children.
But in November 2023, Attorney General Platkin issued a subpoena to First Choice. He demanded the organization turn over 10 years’ worth of documents, including its statements on APR, information provided to clients and donors, documents identifying personnel, copies of every First Choice solicitation and advertisement, and information related to outside organizations with which it works. Attorney General Platkin did not cite any complaints or evidence that First Choice had violated New Jersey law. Rather, he is targeting First Choice because of its religious and pro-life views. Alliance Defending Freedom attorneys challenged the unlawful subpoena.
The First Amendment protects donor identities from unjustified disclosure and prohibits a state official from retaliating against speech with which he disagrees. Thus, while First Choice responded to the subpoena and produced some 2,300 pages of documents, it filed suit in federal court to stop Attorney General Platkin’s attempt to obtain further documents. Attorney General Platkin responded by filing his own lawsuit against the pregnancy center in state court, asking the court to compel First Choice to turn over First Amendment protected information. Because of Attorney General Platkin’s state-court filing, the lower federal courts said First Choice must pursue its federal claims in state court. ADF filed a petition with the Supreme Court asking it to grant review of the case and hold that civil rights plaintiffs do not need to litigate first in state court but may bring federal claims, the same as any other person suffering constitutional injury at the hands of a state official.
Case Timeline
- November 2023: Attorney General Platkin issued an unlawful subpoena demanding that First Choice turn over 10 years’ worth of documents, including its statements on abortion pill reversal, information it provided to clients and donors, documents identifying personnel, copies of every First Choice solicitation and advertisement, and information related to outside organizations that First Choice works with.
- December 2023: ADF attorneys filed a lawsuit challenging the unjust subpoena.
- January 2024: The district court dismissed the case for lack of jurisdiction, and First Choice appealed to the U.S. Court of Appeals for the 3rd Circuit.
- February 2024: ADF attorneys filed a petition with the U.S. Supreme Court asking it to act swiftly by requiring a federal district court to do its duty and hear the case. The U.S. Supreme Court denied the petition.
- May 2024: ADF attorneys participated in oral argument in state court on the enforceability of the attorney general’s subpoena. The state court held the subpoena enforceable as a matter of state law and declined to rule on First Choice’s federal constitutional objections, which it said were unripe. First Choice appealed.
- July 2024: The 3rd Circuit remanded First Choice’s federal case to the district court for a decision on injunctive relief.
- September 2024: ADF attorneys participated in oral argument at state court, asking the court to pause further compliance with the subpoena while a federal court considers the constitutional claims in the case. First Choice had already responded to the subpoena by producing documents. The state court declined to rule on the merits of motions by First Choice or the attorney general while First Choice’s appeal is pending.
- October 2024: ADF attorneys participated in oral argument at a federal district court, asking the court to halt Attorney General Platkin’s harassment of First Choice.
- November 2024: After receiving an unfavorable ruling from the district court, ADF attorneys appealed to the 3rd Circuit.
- December 2024: ADF attorneys delivered oral argument before the court. A few days later, the 3rd Circuit ruled against First Choice.
- January 2025: ADF attorneys asked the U.S. Supreme Court to recognize First Choice’s right to file a federal lawsuit against Attorney General Platkin.
- June 2025: The Supreme Court agreed to hear the case. Oral arguments are scheduled for December 2, 2025.
