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2w ago

Supreme Court Lets New Jersey Pregnancy Center Challenge Donor-List Subpoena in Federal Court

The ruling treats compelled disclosure of donor names as a present First Amendment harm, opening the door to pre-enforcement challenges in federal court.

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U.S. Supreme Court Associate Justice Neil Gorsuch attends a luncheon following the inauguration of U.S. President Donald Trump at the U.S. Capitol on January 20, 2025 in Washington, DC.
The U.S. Supreme Court is seen Friday, April 17, 2026, in Washington. (AP Photo/Mariam Zuhaib)

Overview

  • The Supreme Court, in a 9-0 decision Wednesday, reinstated First Choice’s federal suit, reversed the Third Circuit and sent the case back for further proceedings.
  • New Jersey’s 2023 subpoena sought donor names and contact details, the names of doctors, years of fundraising records, personnel files and advertising as part of a consumer-protection probe.
  • Justice Neil Gorsuch wrote that forcing charities to share private donor lists chills association even if disclosures stay within government, citing NAACP v. Alabama and related cases.
  • The ruling resolved only where and when the challenge can be heard, not whether First Choice deceived anyone, and New Jersey’s attorney general said the state will keep defending the subpoena.
  • First Choice said the demand already led some donors to reconsider giving, which could reduce support for its five New Jersey centers that provide free tests, ultrasounds and parenting help.