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Supreme Court Weighs Pre-Enforcement Challenges to State Subpoenas in New Jersey Pregnancy Center Case

The justices are considering whether claimed chills to association and speech allow early federal review of investigative demands, a ruling that could reshape how nonprofits and the press contest donor-disclosure requests.

Overview

  • At Dec. 2 oral arguments, justices across the ideological spectrum pressed New Jersey on whether its subpoena would deter donors even before any court enforcement.
  • New Jersey’s 2023 subpoena sought donor identities, ads, and personnel records from First Choice Women’s Resource Centers as part of a consumer‑protection probe and is not self‑executing.
  • The state’s lawyer acknowledged receiving complaints about crisis pregnancy centers generally but not specific to First Choice before the subpoena issued.
  • Lower federal courts dismissed First Choice’s suit as premature, and the Supreme Court is now reviewing if groups may challenge such subpoenas in federal court before state enforcement, with a decision expected by June 2026.
  • The federal government backed First Choice’s bid for federal review, and an unusual coalition including the ACLU, Chamber of Commerce, and press advocates warned of broader donor‑privacy and speech‑chilling risks.