The Supreme Court today in First Choice Women's Resource Centers, Inc. v. Davenport, (Sup. Ct., April 29, 2026), held that First Choice, a religious anti-abortion pregnancy counseling center, has Article III standing to challenge a subpoena from the New Jersey Attorney General. The subpoena sought the names, addresses, phone numbers and places of employment of individuals who made donations to the center so that the state could contact a sample of donors to determine if they had been misled into thinking that the center provided abortions. New Jersey contended that the subpoena did not chill First Choice's associational rights. In a unanimous opinion written by Justice Gorsuch, the Supreme Court disagreed, saying in part:
Since the 1950s, this Court has confronted one official demand after another like the Attorney General’s. Over and again, we have held those demands burden the exercise of First Amendment rights. Disputing none of these precedents but seeking ways around them, the Attorney General has offered a variety of arguments. Some are old, some are new, but none succeeds....
Christian Post reported on the decision.
