The case is known as First Choice Women's Resource Centers, Inc. v. Platkin.
At issue is a network of crisis pregnancy centers in New Jersey that has been targeted in lawfare by the state attorney general who is trying to get them to disclose not only their donor list, but also their donors' contact information.
First Choice objected to this and filed suit in federal court to block it, citing a constitutional right to anonymous speech or donations.
New Jersey is trying to drag them into state court and force them to disclose their donors.
The U.S. Supreme Court heard arguments over this Tuesday, and attorney Caleb Dalton of Alliance Defending Freedom (ADF), the law firm representing First Choice, told the Washington Watch program that justices took issue with the attorney general.
"Justice Barrett asked questions about the harassment and kind of the past statements the attorney general has made by setting up this strike force to go after pregnancy centers," said Dalton. "Justice Thomas asked the New Jersey attorney general's attorney 'were there ever any complaints that triggered this investigation?' and the answer was no."
Dalton says there was nothing that justified this other than "the attorney general's ideological opposition to First Choice."
Dalton also thinks "the biggest ramification of this case is whether or not non-profits will be able to vindicate their rights in a federal court if they face political harassment by a hostile attorney general.” This is something Dalton said is happening in other states.
"We're at a crossroads as a nation where the justice departments have been weaponized," said Dalton. "We've seen that at the federal level and at the state level through different politics being played with Justice, and that's not the way it should be. The question before the Court is when an attorney general is playing politics with the justice system, can you go to federal court and preserve your First Amendment rights? The answer should be yes."
A decision is expected by the end of the Supreme Court's term in June 2026. However, Dalton said "this is not a decision that should take the Court very long to write," leading Dalton to believe it is possible that we could see an earlier decision.
