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 government subpoena demanding private donor information create a present injury to First Amendment associational rights sufficient to confer Article III standing? A government subpoena demanding private donor information creates a present injury to First Amendment associational rights sufficient to confer Article III standing, regardless of whether the subpoena is non-self-executing or accompanied by promises of confidentiality.
Vote & lineup9–0 (unanimous) on the judgment. Gorsuch delivered the opinion for a unanimous Court (9).
The question
Does a government subpoena demanding private donor information create a present injury to First Amendment associational rights sufficient to confer Article III standing? Does this injury persist if the subpoena is "non-self-executing," meaning it requires a court order for enforcement? Is the injury cured if the government allows some donors to remain anonymous or promises to keep the disclosed information confidential?
Petitioner's argument
- The Attorney General's demand for donor information violates First Amendment associational rights by discouraging donors from associating with the group.
- The inability to guarantee donor anonymity creates an actual and ongoing injury because donors fear retaliation from a hostile government official.
- The group faces an imminent future injury because the subpoena carries a credible threat of enforcement in state court.
- The demand burdens the group's ability to carry out its religious mission and recruit new donors.
Respondent's argument
- The subpoena is "non-self-executing," meaning no legal duty to produce records exists until a state court orders enforcement, thus there is no present injury.
- The injury is non-existent or mitigated because the subpoena allows donors using one specific website to remain anonymous.
- Any potential "chill" is cured by the prospect of a state court protective order ensuring the confidentiality of the produced documents.
- The petitioner must first litigate the matter 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, conferring Article III standing.
- Under *Diamond Alternative Energy, LLC v. EPA*, standing requires an injury that is "concrete, particularized, and actual or imminent."
- The Court relied on *NAACP v. Alabama ex rel. Patterson* and *Americans for Prosperity Foundation v. Bonta* to establish that the "vital relationship" between privacy and the freedom to associate means compelled disclosure of affiliation can be an effective restraint on association.
- 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, noting that the threat of a subpoena acts as a "sword of Damocles" (*Arnett v. Kennedy*) and that self-censorship based on a well-founded fear of enforcement is an injury in fact (*Virginia v. American Booksellers Assn., Inc.*).
- The Court determined that allowing anonymity for one specific website does not cure the injury, as it still restricts how the organization interacts privately with its donors.
- The Court held that promises of confidentiality or protective orders do not eliminate the "constant and heavy" pressure to avoid ties that might displease officials, citing *Shelton v. Tucker* and *Americans for Prosperity Foundation v. Bonta*.
- The Court clarified that under 42 U. S. C. § 1983, a plaintiff is not required to exhaust state court remedies before seeking a federal forum, citing *Knick v. Township of Scott*.