First Choice Women’S Resource Centers, Inc. v. Davenport, Attorney General of New Jersey
No. 24-781 · Decided April 29, 2026 · Reversed and remanded
Does a nonprofit organization have Article III standing to challenge a government subpoena in federal court if the subpoena demands private donor information? First Choice Women’s Resource Centers, Inc. has Article III standing to challenge the subpoena in federal court because the demand for private donor information constitutes a present injury to its First Amendment associational rights.
Vote & lineup9–0 (unanimous) on the judgment. Gorsuch delivered the opinion for a unanimous Court (9).
The question
Does a nonprofit organization have Article III standing to challenge a government subpoena in federal court if the subpoena demands private donor information? Specifically, does such a demand create a present injury to First Amendment associational rights even if the subpoena is "non-self-executing"? Finally, do partial exemptions for certain donors or the potential for a protective order eliminate this injury?
Petitioner's argument
- The Attorney General's demand for private donor information violates First Amendment rights by discouraging people from associating with the organization.
- Anonymity is of paramount importance to donors, and the inability to guarantee it injures the group by deterring financial support.
- The subpoena creates a credible threat of enforcement in state court, constituting an imminent future injury.
- The demand for records causes an actual and ongoing injury by chilling the group's ability to recruit new donors and carry out its religious mission.
Respondent's argument
- The subpoena is "non-self-executing," meaning no legal duty to produce records exists until a state court orders enforcement, thus no present injury exists.
- The organization suffered no injury because the subpoena exempted donors who contributed through one specific website.
- Any "chill" to associational rights was cured by the Attorney General's willingness to narrow the demands or provide a protective order to keep documents confidential.
- The petitioner must first litigate the dispute in state court to "ripen" the constitutional claims before seeking federal relief.
The decision
- The Court held that First Choice established a present injury to its First Amendment associational rights sufficient to confer Article III standing.
- The Court relied on *Diamond Alternative Energy, LLC v. EPA* to define the "injury in fact" element of standing as an injury that is "concrete, particularized, and actual or imminent."
- Citing *Americans for Prosperity Foundation v. Bonta* and *Roberts v. United States Jaycees*, the Court noted that the First Amendment's rights to speak and assemble necessarily include a "corresponding right to associate with others."
- The Court applied the principle from *NAACP v. Alabama ex rel. Patterson* that "compelled disclosure of affiliation with groups engaged in advocacy may constitute as effective a restraint on freedom of association" as direct suppression.
- The Court reasoned that demands for private donor information "inevitably" carry a "deterrent effect on the exercise of First Amendment rights," citing *Buckley v. Valeo*.
- The Court rejected the "non-self-executing" argument, stating that a threat of enforcement—like a "sword of Damocles"—is sufficient to chill speech, invoking *Bantam Books, Inc. v. Sullivan* and *Virginia v. American Booksellers Assn., Inc.*
- The Court determined that a partial exemption for one website does not cure the injury, as the government cannot "channel the ability of disfavored groups to associate through narrow and state-preferred forms," citing *Bates v. Little Rock*.
- The Court held that assurances of confidentiality or protective orders do not eliminate the injury, as the pressure to avoid ties that "might displease" officials can be "constant and heavy," citing *Shelton v. Tucker* and *Americans for Prosperity Foundation v. Bonta*.
- The Court clarified that under 42 U. S. C. §1983, plaintiffs are not required to exhaust state court remedies before seeking a federal forum, citing *Knick v. Township of Scott*.