First Choice Women's Resource Centers v. Davenport

Faith-based pregnancy centers challenged a New Jersey investigation seeking donor information. The Supreme Court ruled that First Choice showed a present injury to its First Amendment associational rights and could bring its federal case, reversing the lower court and sending the case back.

Justice Gorsuch wrote the 9–0 opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson.

The Court ruled 9-0. Justice Neil M. Gorsuch wrote the opinion, joined by Chief Justice John G. Roberts, Jr., and Justices Clarence Thomas, Samuel A. Alito, Jr., Sonia Sotomayor, Elena Kagan, Brett M. Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson.

Majority

Gorsuch

Roberts

Thomas

Alito

Sotomayor

Kagan

Kavanaugh

Barrett

Jackson

““First Choice has established a present injury to its First Amendment associational rights sufficient to confer Article III standing.””

Organizations facing government demands for donor information may be able to seek federal court review when the demand reasonably chills their members or supporters. For example, a faith-based pregnancy center can pursue its constitutional claims without first having them resolved in state court.

The case returns to the lower courts. They must consider First Choice's remaining federal constitutional claims consistent with the Supreme Court's decision.

The Court unanimously ruled that First Choice showed a present First Amendment injury and could pursue its federal case. It reversed the lower court.

Organizations facing government requests for donor information may seek federal review if the request reasonably chills association. Donors and supporters may also be affected.

The case goes back to the lower courts. They will address First Choice's remaining constitutional challenges to the New Jersey investigation and subpoena.