When Courts Clash Over Privacy and Power

Unusual Agreement Among Justices

In a recent Supreme Court hearing, Justice Elena Kagan, known for her liberal views, seemed to align with her more conservative colleagues. The case involved a dispute between a religious nonprofit and the New Jersey Attorney General.

The Case: First Choice Women's Resource Centers vs. New Jersey

The Subpoena

• Nonprofit: First Choice Women's Resource Centers
• Demands: Donor records, internal documents, marketing materials
• State's Claim: Potential misleading of patients and donors about abortion services

The Nonprofit's Argument

• First Amendment Rights: Violation of free speech
• Donor Privacy: Threat to privacy and future contributions
• Chilling Effect: Broad government inquiries could deter donations

Legal Journey

• Lower Courts: Ruled against the nonprofit, stating the challenge was premature
• Supreme Court: Nonprofit's final appeal

Key Moments in the Hearing

Chief Justice John Roberts' Question

• Concern: Donor comfort with government access to personal information
• New Jersey's Response: Information would only be used to ask donors if they had been misled

Justice Kagan's Pushback

• Argument: An ordinary person would not find the subpoena reassuring
• Shared Concern: Chilling effect of broad government inquiries

Potential Implications

Ruling in Favor of First Choice

• Reshape State Investigations: Allow nonprofits to assert constitutional protections
• Shield from Politically Motivated Subpoenas: Protect donor lists

Ruling Against First Choice

• Limit Attorneys General's Power: More careful handling of sensitive information
• Impact on Investigations: Potential limitations on future inquiries

The Stakes

• Kagan's Potential Alignment: Could side with conservative justices
• Big Ruling Expected: Strengthen First Amendment protections for advocacy and religion-based nonprofits
• Decision Timeline: Expected by the end of June