First Choice Women’s Resource Centers is a Christian, pro-life medical nonprofit dedicated to supporting pregnant women, new mothers, and fathers. Despite this mission, New Jersey’s attorney general has used intimidation tactics, issuing an overly broad and burdensome subpoena to the organization because of its religious expression and pro-life stance.
The demand forces First Choice to divert scarce resources toward producing extensive records under threat of judicial sanctions, even though the attorney general has offered no substantive evidence of wrongdoing to justify such measures.
The amicus brief filed by Save the Storks and twenty-two of its partner organizations argues that the Supreme Court should not only reverse the Third Circuit’s decision requiring state court litigation before federal constitutional challenges, but also clarify that federal administrative subpoenas can be challenged pre-enforcement.
The brief contends that both state and federal agencies are increasingly weaponizing investigative powers to harass pro-life and religious organizations through burdensome subpoenas that cause substantial harm even without enforcement, and that current judicial doctrines improperly insulate these investigations from meaningful review.
For Save the Storks and its partners, First Choice is the most impactful dispute to come before the Court since Dobbs.
Read Brief Here: Brief of Amici Curiae Save the Storks and Twenty-Three of its Partners in Support of Petitioner
