Tuesday, Dec. 2, will determine whether America’s crisis pregnancy centers can operate freely or whether politicians in pro-abortion states can continue to harass them with lawfare. Tuesday the Supreme Court will hear oral arguments in First Choice Women’s Resource Centers, Inc. v. Platkin.
At stake is “the future of pregnancy centers in America” said David Bereit, executive director of Life Leadership Conference.
How the case started
In November 2023, New Jersey Attorney General Matthew Platkin sent subpoenas to the First Choice Women’s Resource Centers, demanding 10 years’ worth of records. The material requested included all solicitations and ads, statements on abortion pill reversal, information given to women, information about outside organizations First Choice worked with, and, most worrisome, staff information and identities of their donors.
There were “no allegations of wrongdoing…. It was a fishing expedition,” said Aimee Huber, executive director of First Choice Women’s Resource Centers. “The idea of compiling this… was daunting,” she said during an emergency webcast briefing scheduled by the Life Leadership Conference.
Thousands of people nationwide and 40 different pro-life organizations attended the briefing Monday night, said David Bereit, executive director of the Life Leadership Conference. He called it “a pivotal case…weaponizing government power to intimidate, investigate and shut down centers.”
First Choice has served over 36,000 women over the last 40 years through its five locations. “New Jersey has the fifth highest abortion rate,” Huber said. “Since do not refer for abortions, we are a target.”
Critics of pregnancy centers such as First Choice smear them as ‘fake clinics” just for that reason.
Erin Hawley, senior counsel and vice president of the Center for Life, Alliance Defending Freedom, will be arguing for First Choice Tuesday in front of the Supreme Court. ADF filed a suit in federal court asking the district court to enjoin the subpoena.
Hawley explained that the district court dismissed the subpoena, saying that federal courts were not a remedy because First Choice first had to go to state court. “Once the state court rules, then there are a couple of legal doctrines that basically say, once one court has decided it, another court can’t,” she said. This is even through Congress expressly provided legislative relief allowing this.
Numerous organizations not ideologically aligned with First Choice filed amicus briefs supporting First Choice. “They all agree the right to present first amendment claims in federal court when you have been harassed by a hostile official is something that is guaranteed,” said Hawley.
Since the Dobbs decision reversed Roe v. Wade in 2022, pregnancy centers have been busier than ever supporting women and children. Last week the Charlotte Lozier Institute released their 2025 report stating that pregnancy centers had helped over one million women in 2024, and that material support (everything from diapers to car seats) skyrocketed 48%.
Pregnancy centers will continue to fight.
“This legal battle is something we never thought we’d be involved in,” Huber said. “The women and the families we serve as worth this battle.”
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