Washington and Massachusetts Lead Multistate Brief Urging Supreme Court to Uphold State Subpoena Powers

SEATTLE, WA — The attorneys general of Washington and Massachusetts are leading a coalition of 19 states and the District of Columbia in urging the U.S. Supreme Court to preserve state authority to issue investigative subpoenas in legal investigations.

The states filed an amicus brief supporting New Jersey Attorney General Matthew Platkin in First Choice Women’s Resource Centers, Inc. v. Platkin, a case that questions whether a faith-based pregnancy center can preemptively challenge a state investigative subpoena in federal court before a state court reviews it.

The coalition argues that state attorneys general have long used investigative subpoenas to gather information in cases involving consumer protection, charitable oversight, and antitrust or environmental laws. They contend that allowing federal courts to intervene early could undermine states’ ability to enforce their laws effectively.

Attorney General Nick Brown said the case poses risks to state consumer protection efforts.

“This case threatens to make it harder for our office to protect Washington consumers from harm,” Brown said. “That’s why we’re urging the court to reject this attempted end-run around the authority of attorneys general to enforce the law.”

The Supreme Court is scheduled to hear oral arguments on Dec. 2. The multistate brief was joined by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, and Vermont.

 

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