ACLJ Asks NY Court to Dismiss Subpoena Aimed at Pro-Life Center Targeted by New York Attorney General

American Center for Law and Justice press release, February 14, 2002

The American Center for Law and Justice, an international public interest law firm that specializes in pro-life litigation, today filed a motion to quash a subpoena in the Supreme Court of New York in Manhattan issued by the New York Attorney General’s office against a pro-life counseling center as part of what state officials are calling an investigation into whether the center dispensed medical advice to women without being licensed to do so. “The state of New York and the Attorney General of New York are clearly engaged in a campaign to disrupt, discredit, and harass the pro-life counseling centers in New York City,” said Vincent McCarthy, Senior Counsel of the ACLJ, which represents Expectant Mother Care. “The subpoena is designed to intimidate our client and stifle their pro-life message. The constitution guarantees our client First Amendment protections to communicate with women and to let them know there are alternatives to abortion. This investigation is an attempt to eliminate the pro-life message and clearly violates the constitution. The subpoena is out of bounds and without merit and we are hopeful the court will agree with our position.”

The ACLJ is serving as lead counsel in representing Expectant Mother Care, one of five organizations in New York City that has been subpoenaed by the state Attorney General’s office. The subpoena demands the names of staff and their credentials, training materials and copies of all policies and procedures pertaining to client referrals by February 15th.

In the motion to quash the subpoena, the ACLJ contends the subpoena violates the First Amendment rights of the center by attempting to eliminate constitutionally protected speech. Further, the motion claims the subpoena should be dismissed because NY Attorney General Eliot Spitzer has failed to list any specific complaints against the center. The motion states: “The Attorney General is not entitled to conduct fishing expeditions based on what he claims ‘may’ have taken place. At this point it is clear that the Attorney General cannot point to any . . . advertisement that is deceptive, nor any activity which constitutes the unauthorized practice of medicine.”

Further, the motion contends the Attorney General is engaged in a politically motivated campaign which coincides with a strategy of the National Abortion Rights Action League (NARAL) to target crisis pregnancy centers. The motion contends that “this Attorney General focuses his ‘law enforcement’ campaign on the very pro-life organizations which just happen to be in the political cross hairs of the same national pro-abortion organization he has publicly pledged to ‘work with.’”

“The heavy-handed tactics of the state are designed to harass and intimidate,” said McCarthy. “However, this investigation and troubling subpoena only serve to strengthen the resolve of our client to continue to help women who are pregnant by explaining about alternatives to abortion. The pro-life message will not be censored, and we’re confident that the court will protect the free speech of our client.”

There is no word on when the court will act on the motion to quash the subpoena against the Expectant Mother Care center.

The American Center for Law and Justice, an international public interest law firm, specializes in constitutional law and litigation involving the issue of life. The ACLJ is headquartered in Virginia Beach, VA and its web site address is www.aclj.org.