First Choice Women’s Resource Centers, Inc. v. Davenport (formerly Platkin) is about the state of New Jersey intentionally targeting a pregnancy center for its pro-life convictions and intimidating its donors.
Case Status
- Decided – Win for pregnancy resource centers
- 9-0, unanimous ruling
- Decision date: April 29, 2026
- Argued date: December 2, 2025
ERLC Brief
Amicus brief joined by ERLC
What is this case about?
New Jersey argued that First Choice was fraudulently misleading donors through a specific donation website by featuring pictures of people holding babies, which could lead some to think First Choice offers abortions. First Choice objected to the subpoena because it violated its constitutional rights to protect its donors’ privacy and freedom of association under the First Amendment.
However, the federal district court twice dismissed the case arguing the issues were not “ripe,” or ready, for federal courts to resolve since First Choice had not yet been compelled to comply by state courts and thus, no actual harm had been done. The Third Circuit Court of Appeals affirmed the lower court’s ruling to not yet resolve the case until everything had played out at the state level. As a result, First Choice petitioned the Supreme Court to review.
What is the question in the case?
When the recipient of a state investigatory subpoena demonstrates an objectively reasonable violation of its First Amendment rights, does a federal court lack jurisdiction to hear the case because those constitutional claims must first be resolved in state court?
Why does it matter to Southern Baptists?
The pro-life convictions of Southern Baptists often lead to partnerships between our churches and local pregnancy resource centers, offering critical care and compassion for families facing unexpected pregnancies. In the 2025 resolution “On Standing Against the Moral Evils and Medical Dangers of Chemical Abortion Pills,” Southern Baptists were resolved to “commit ourselves to fostering a culture of life through the tangible support of pregnancy resource centers.”
Furthermore, religious liberty is a foundational conviction for Southern Baptists and a pillar of our nation’s Constitution. When hostile states attempt to investigate and intimidate religious groups, whether it be a church or a pregnancy resource center, there must be a fair means to assert a First Amendment defense. No government should be able to effectively minimize ministry work with threats of investigation harmful to a religious organization’s mission.
Supreme Court Ruling
Writing for the unanimous majority, Justice Gorsuch explains that the court agrees with First Choice and that it may bring its constitutional challenge to the subpoena to federal courts before the proceedings play out in state courts. While the state courts had not enforced the subpoena, First Choice faced imminent injury to its freedom of association, as donors may be reluctant to give financially if they knew their identity would be disclosed to hostile state authorities.
“From its allegations and declarations, and given our many and longstanding precedents in the area and reasonable inferences about third party behavior,” Gorsuch states, “First Choice has established that the Attorney General’s demand for private donor information injures the group’s First Amendment associational rights” (13).
This decision debunks the multi-part argument of the New Jersey attorney general and reverses the decision of the Third Circuit, allowing First Choice to continue with federal court proceedings to argue that their First Amendment rights were, in fact, at stake.
Want to learn more about this case?
Read the ERLC Explainer: Supreme Court unanimously rules in favor of New Jersey pregnancy resource centers.
News about this case
- SCOTUS unanimously affirms pro-life pregnancy center’s claim against New Jersey
- Press Release: ERLC Applauds Unanimous SCOTUS Ruling Upholding Religious Liberty for Pregnancy Centers
- SCOTUS unanimously affirms pro-life pregnancy center’s claim against New Jersey
- ERLC to engage in case of New Jersey AG pressuring pregnancy centers for donor info
- Supreme Court hears New Jersey pregnancy center’s First Amendment case
