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National Right to Life and Right to Life of Idaho Object to Overbroad and Unconstitutional Subpoenas

Posted by James Bopp, Jr. | Oct 03, 2025 | 0 Comments

PRESS RELEASE
October 3, 2025
Contact: Laura Echevarria, (202) 626-8825, [email protected]

National Right to Life and Right to Life of Idaho Object to Overbroad and Unconstitutional Subpoenas

WASHINGTON — The National Right to Life Committee (NRLC), the nation's oldest and largest pro-life organization, together with its Idaho affiliate, Right to Life of Idaho (RLI), today announced formal objections to subpoenas issued in Matsumoto et al. v. Labrador, Case No. 1:23-cv-00323-DKG.

The subpoenas, served on September 12, 2025, demanded wide-ranging internal communications and advocacy documents related to Idaho House Bills 242 and 98—legislation addressing Abortion Trafficking that passed in Idaho. Represented by The Bopp Law Firm, NRLC and RLI filed objections on October 2, 2025, citing First Amendment protections, lack of relevance, and undue burden.

Compelling disclosure of our advocacy communications would have a chilling effect on the ability of NRLC and our affiliates to freely associate, strategize, and advocate for the most vulnerable members of our society,” said Carol Tobias, President of National Right to Life. “The Constitution protects organizations like ours from being forced to hand over internal documents to political opponents.”

The objections emphasize three key points:

1. First Amendment Privilege — Forcing disclosure of advocacy communications violates the constitutional rights of association and expression, creating a deterrent effect on participation in pro-life organizations.

2. Lack of Relevance — NRLC's and RLI's internal documents have no bearing on the legal claims in Matsumoto, which challenge Idaho's abortion trafficking law on due process and travel rights grounds. A private entity's understanding and interpretation of a law does not play a part in the judicial construction of a law.

3. Overbreadth and Undue Burden — The subpoenas improperly demand “all documents” relating to broad categories of legislation, with no reasonable limits, including an arbitrary period dating back to 2021—well before the introduction of the bills at issue.

“The law is clear: advocacy organizations cannot be compelled to turn over their strategy sessions and internal communications simply because their opponents wish to gain an advantage in court,” said James Bopp, Jr., general counsel for National Right to Life and Right to Life of Idaho. “The subpoenas go far beyond what is permissible and strike at the heart of constitutionally protected activity.”

The letter outlining the objections to the subpoenas can be found here:

Founded in 1968, the National Right to Life Committee (NRLC), the federation of affiliates in each of the 50 states, is the nation's oldest and largest grassroots pro-life organization. National Right to Life works through legislation and education to protect innocent human life from abortion, infanticide, assisted suicide, and euthanasia.

About the Author

James Bopp, Jr.

Practice Areas: First Amendment Law, Campaign-Finance Law, Constitutional Law, Election Law, Civil Litigation, Appellate Practice, and United States Supreme Court Practice.

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