Statement By Attorney General Matthew J. Platkin On SCOTUS Order In First Choice v. Platkin

“First Choice—a crisis pregnancy center operating in New Jersey—has for years refused to answer questions about their operations in New Jersey and the potential misrepresentations they have been making, including about reproductive healthcare. We issued a lawful subpoena in November 2023 to ensure that First Choice was complying with all relevant state laws. Non-profits, including crisis pregnancy centers, may not deceive or defraud residents in our State, and we may exercise our traditional investigative authority to ensure that they are not doing so—as we do to protect New Jerseyans from a range of harms.

“The question before the U.S. Supreme Court focuses on whether First Choice sued prematurely, not whether our subpoena was valid. I am optimistic that we will prevail when the Supreme Court considers that question this fall. First Choice is looking for a special exception from the usual procedural rules as it tries to avoid complying with an entirely lawful state subpoena, something the U.S. Constitution does not permit it to do. No industry is entitled to that type of special treatment—period.

“I remain committed to enforcing our fraud laws without fear or favor against anyone who would harm or violate the rights of our residents, no matter how powerful the entity on the other side.”