Monday, November 13, 2017

Supreme Court Grants Review In Pregnancy Center Required Disclosure Case

The U.S. Supreme Court today granted certiorari in National Institute of Family and Life Advocates v. Becerra, (Docket No. 16-1140, cert granted 11/13/2017) (Order List).  In the case, the U.S. 9th Circuit Court of Appeals upheld  California's FACT Act which requires licensed pregnancy counseling clinics to disseminate a notice on the existence of publicly-funded family planning services, including contraception and abortion.  Unlicensed clinics must disseminate a notice that they and their personnel are unlicensed. (See prior posting.) The Supreme Court limited its grant of review to the Free Speech issues, excluding review of Free Exercise challenges.  SCOTUSblog's case page has links to the cert. petition and amicus briefs filed in the case.  The 9th Circuit in the case held that the required disclosures are regulation of "professional speech" subject only to intermediate scrutiny.  Washington Post reports on the Court's grant of review.