This Confusing Supreme Court Case Could Reshape Oversight of Crisis Pregnancy Centers
Rep. Christopher Smith (R-N.J.) spoke at a press conference about protecting crisis pregnancy centers in March.Mother Jones illustration; Roberto Schmidt/AFP/Getty; Tim Mossholder/Unsplash
Even if you have no idea what a crisis pregnancy center is, the donor website for the First Choice Women’s Resource Centers chain in northeastern New Jersey offers plenty of clues: Prominent logos for the anti-abortion groups Heartbeat International and CareNet. A home page banner proclaiming “Sanctity of Human Life Sunday 2026.” An agreement for prospective volunteers that states, “I openly acknowledge my personal faith in Jesus Christ as my Lord and Savior,” and “[I] reject abortion as an acceptable option for any woman.”
That’s what appears on the website directed at First Choice’s donors. The chain also has two websites targeted at potential clients—pregnant women who might be seeking an abortion but end up on the crisis pregnancy center website instead, where First Choice is less clear about its religious ties and anti-abortion mission. “Learn more about the abortion pill, abortion procedures, and your options in New Jersey,” one site urges on its home page. “We specialize in pre-termination evaluations,” another site says, with services that include “free and confidential Abortion Information Consultation” and “post-abortion support.” On most pages, it is only at the very bottom that the qualifier, First Choice “do[es] not perform or refer for” abortions, appears.
Websites that tell anti-abortion supporters one thing and pregnant women something else are common among the country’s 2,500 crisis pregnancy centers, or CPCs—part of a well-documented history of using misinformation and deception, as well as ultrasounds and other free services, to deter women from having abortions. Some of the best-known strategies include opening “fake” clinics near real abortion clinics, misstating the purported harms of abortion and emergency contraception, and pushing the unproven medical procedure known as “abortion pill reversal.”
Blue states have repeatedly tried to rein in CPCs. But as faith-based organizations, pregnancy centers have a powerful shield—the First Amendment.
Blue-state lawmakers and attorneys general have repeatedly tried to rein in CPCs. But as faith-based organizations, these pregnancy centers have a powerful shield—the First Amendment. When states try to regulate them, CPCs invariably claim that these efforts violate constitutional protections for free speech, religious expression, and freedom of association. In a landmark 2018 decision, the US Supreme Court sided with the CPC industry, blocking a California law that would have required pregnancy centers to inform patients about state-funded family-planning services, including abortion.
That decision chilled state and local efforts to curb CPCs’ more controversial practices, creating what one legal scholar has called “a regulatory dead zone.” Meanwhile, since the fall of Roe v. Wade, the number of CPCs has grown—boosted by a surge in state funding and private donations—and reproductive rights supporters have renewed their push for greater oversight,........





















Toi Staff
Gideon Levy
Sabine Sterk
Penny S. Tee
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Mark Travers Ph.d
Gilles Touboul
Daniel Orenstein