The U.S. Supreme Court on Monday granted Solicitor General D. John Sauer's request to file an amicus brief and participate in oral argument in an anti-abortion pregnancy center's bid to revive its challenge to a subpoena from the New Jersey attorney general demanding information about its donors.

The solicitor general in August requested to participate in the case, telling the high court the United States has significant interest in addressing the circumstances under which parties may bring preenforcement challenges to federal subpoenas, and in explaining the differences between such challenges and challenges to state subpoenas.

The U.S. also has a significant interest in the interpretation of Article III's case-or-controversy requirement; in the development of standing and ripeness doctrine; and in protecting constitutional rights from state interference, the government said in its motion.

The justices approved a certiorari petition the nonprofit First Choice Women's Resource Centers Inc. submitted in June. First Choice wants to overturn the Third Circuit's finding that the nonprofit must pursue its constitutional claims regarding the subpoena in a concurrent New Jersey state court case.

First Choice has argued that once the state court resolves the case on its merits, the principle of res judicata would prevent any further litigation in federal court.

New Jersey Attorney General Matthew Platkin issued a subpoena to First Choice in November 2023 over allegations First Choice may have misled donors by failing to disclose its anti-abortion mission on its websites, according to court filings. In its petition, First Choice claimed the subpoena seeks "years of sensitive internal information," including details about nearly 5,000 donors.

First Choice is represented by James A. Campbell, Erik C. Baptist, Gabriella M. McIntyre, Dalton A. Nichols, Erin M. Hawley, John J. Bursch and Lincoln D. Wilson of Alliance Defending Freedom.

New Jersey is represented by Jeremy M. Feigenbaum, Shankar Duraiswamy, David Leit, Nathaniel I. Levy, Jessica L. Palmer, Lauren E. Van Driesen and Elizabeth R. Walsh of the New Jersey Office of the Attorney General.

The case is First Choice Women's Resource Centers Inc. v. Matthew J. Platkin, case number 24-781, in the Supreme Court of the United States.