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Unknown (Guest / Erin Hawley)

๐Ÿ‘ค Speaker
59 total appearances

Appearances Over Time

Podcast Appearances

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

In addition, one of the interesting things about the argument here is the way the New Jersey Attorney General was presenting the case is that you never, as Justice Jackson picked up on, get into federal court.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

And that's just contrary to how the federal courts treat federal rights.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

Under a reconstruction statute known as Section 1983, when a state or local official allegedly violates your constitutional rights, you get to go to federal court.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

So this would be that the attorney general of New Jersey was really seeking to create an exception for subpoenas from, from ordinary rules that apply to other cases.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

Yes.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

And just the fact if the Supreme Court points out the harassment and shows that it is an element of considering whether there's an objective chill, I would expect that that would sort of back some of these attorney generals off the plate.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

They're going to be more cautious before, you know, handing out subpoenas willy nilly asking for things like donor names.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

You know, it does appear to be that.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

In the state of California, the state of New York, those attorney generals actually filed suit against pregnancy care centers

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

trying to prohibit them from sharing information about progesterone that can be administered after you take the first abortion drug.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

That decision, we actually got a decision from the Second Circuit finding that the New York attorney general could not squelch that sort of speech, that she had to allow pregnancy centers to tell women

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

about APR.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

And so that's just one example.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

I mentioned the state of Washington, but the Washington Attorney General also issued a sweeping subpoena to a pregnancy center demanding 10 years worth of documentation on all sorts of things, also requesting donor names.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

We finally were able to get that case settled.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

The AG dropped that investigation.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

But again, this takes a tremendous amount of resources on behalf of pregnancy care centers

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

And as someone has said, sometimes the process is part of the punishment.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

The first choice litigation has been going on for two years.

Morning Wire
Weaponizing Government Against Pro-Lifers? Supreme Court Presses New Jersey

There have been over 50 something briefs filed in the case between the New Jersey Attorney General and us.