Amicus Brief: Protecting Pro-Life Nonprofits From Investigative Harm

At its core, First Choice is a faith-based, pro-life ministry. Since 1985, it has served more than 36,000 women in New Jersey with counseling, medical care, and practical support.

But in 2023, the state’s Attorney General launched sweeping investigations—demanding donor lists, church communications, and over a decade of records—despite no complaint or evidence of wrongdoing. Both the trial and appeals courts upheld those demands, forcing First Choice to seek relief from the U.S. Supreme Court.

Earlier this month, Congressman Chris Smith, Senator Ted Cruz, and 30 members of Congress filed an amicus brief in support of First Choice. The Smith–Cruz brief, authored by our partner Chris Murray, argues that Congress has given ministries the right to seek immediate redress in federal court, rather than vindicate constitutional rights before hostile state tribunals.

As the brief explains: “states may not deprive citizens of their right to freely associate and then force those citizens to try to vindicate their rights in hostile state forums before they can darken the door of a federal courthouse.”

This is the second amicus brief our firm has filed on behalf of First Choice at the Supreme Court. With oral arguments set for December, the case will determine whether ministries like First Choice can continue their mission free from government intimidation.

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