Supreme Court Asked to Uphold State Power to Investigate Potential Lawbreaking

Maryland Attorney General Anthony G. Brown has joined a coalition of 19 states and the District of Columbia in urging the Supreme Court of the United States to preserve states’ established authority to seek information through investigative subpoenas. The brief, filed in support of New Jersey Attorney General Matthew Platkin, argues that state officials need these subpoenas to investigate potential violations of state laws, including those related to consumer protection and charitable oversight, without undue interference from federal courts. The Supreme Court is expected to hear oral arguments in the case, First Choice Women’s Resource Centers, Inc., v. Platkin, on December 2, 2025.

The case at the heart of the coalition’s appeal involves a faith-based pregnancy center that sought to sue the state of New Jersey in federal court to halt a state investigative subpoena. The organization argued that receiving the subpoena itself infringed upon its First Amendment rights to free speech and association, and that it should be allowed to challenge the subpoena in federal court before any state court ruling on its objections or enforcement. However, both the federal district court and the federal court of appeals sided with New Jersey, dismissing the federal lawsuit and directing the organization to address its concerns within the state court system.

The coalition of attorneys general contends that allowing such federal court intervention before state proceedings are exhausted could significantly weaken the ability of state attorneys general to conduct crucial investigations. These investigations span a wide array of state law violations, from antitrust and environmental concerns to consumer fraud. The brief emphasizes that state courts are the traditional and appropriate venue for recipients to challenge investigative subpoenas and are fully capable of addressing any constitutional claims, such as those related to the First Amendment. The attorneys general argue that enabling individuals or organizations to bypass state legal processes by immediately filing federal lawsuits would obstruct the essential work of enforcing state laws and protecting citizens.

The participating states, including Maryland, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Mexico, Nevada, New York, North Carolina, Oregon, Rhode Island, Vermont, and Washington, are unified in their belief that upholding the power of state investigative subpoenas is vital for maintaining the integrity of state law enforcement and ensuring that violations are properly addressed within the states where they occur.

Article by Mel Anara, based upon information from the Maryland Attorney General.

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