ACLJ: NY Attorney General to Withdraw Subpoenas Aimed at NYC Crisis Pregnancy Centers

February 28, 2002

(New York, NY) – The American Center for Law and Justice, an international public interest law firm that specializes in pro-life litigation, was notified late today that the New York Attorney General’s office is withdrawing subpoenas issued against pro-life counseling centers in New York City. The move comes amid mounting pressure from pro-life groups and occurs just two weeks after the ACLJ filed a motion in court on behalf Expectant Mother Care to quash a subpoena.

“This is an unexpected victory for the crisis pregnancy centers and for the First Amendment,” said Vincent McCarthy, Senior Counsel of the ACLJ, which represents Expectant Mother Care, one of five organizations in New York City that had been subpoenaed by the NY Attorney General’s office. “It is clear that there has been tremendous pressure applied by the pro-life community since these subpoenas were issued. It is also clear that the subpoena was designed to intimidate our client and stifle the pro-life message. We are pleased that the New York Attorney General is taking the proper course of action and withdrawing the subpoenas.”

The ACLJ filed a motion to quash a subpoena in the Supreme Court of New York in Manhattan on February 14th contending the subpoena should be dismissed because it violates the First Amendment rights of the center by attempting to eliminate constitutionally protected speech.

The ACLJ is serving as lead counsel in representing Expectant Mother Care, one of five organizations in New York City that was subpoenaed by the state Attorney General’s office.

The subpoena demanded the names of staff and their credentials, training materials, and copies of all policies and procedures pertaining to client referrals. The state Attorney General’s office said it issued the subpoenas in January as part of an investigation into whether the centers dispensed medical advice to women without being licensed to do so.

McCarthy said: “There has never been any evidence that the crisis pregnancy centers have done anything wrong. The subpoena was a heavy-handed tactic designed to intimidate and harass our client. It is clear the subpoenas should never have been issued in the first place. And, now it appears the state Attorney General’s office has finally reached that conclusion.”

McCarthy said the ACLJ will now monitor the actions of the state of New York very closely with respect to any investigation or action aimed at Expectant Mother Care. At the same time, McCarthy said the ACLJ is closely monitoring the actions of the National Abortion Rights Action League (NARAL) – which is implementing a strategy to target crisis pregnancy centers in New York City, and – according to news reports – now in California.

The ACLJ is an international public interest law firm and educational organization that 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.



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