First Choice Women's Resource Centers, Inc., Petitioner v. Jennifer Davenport, Attorney General of New Jersey
The Court answered an important procedure question about when federal courts may hear First Amendment challenges to state subpoenas, but the prompt does not provide the vote or the exact winner.
Case status
- Current stage
- Decided
- Latest event
- Decision released Apr 29, 2026
- What it's about
Faith-based pregnancy centers challenge a New Jersey attorney general's investigation and subpoena for donor information. The case raises First Amendment questions about government scrutiny of religious organizations and compelled disclosure of donor lists.
Question presented
When the recipient of a state investigatory subpoena demonstrates an objectively reasonable chill of its First Amendment rights, does a federal court lack jurisdiction to hear the case because those constitutional claims must first be resolved in state court?
- Case path
United States Court of Appeals for the Third Circuit / Decision released Apr 29, 2026
- Area
First Amendment
Briefing
What it's about
The Supreme Court issued a decision in a dispute over a New Jersey investigatory subpoena seeking donor information from First Choice Women's Resource Centers. The case asked whether a federal court can hear the group's First Amendment claims before those issues are resolved in state court.
Impact
The decision affects how quickly religious and advocacy groups can go to federal court when they say a state investigation chills speech or association. For example, it matters to nonprofits that want to challenge demands for donor lists without waiting for state proceedings to play out.
What's next
Lower courts must now apply the Supreme Court's answer when similar subpoena fights arise, including in First Choice's case on remand if more proceedings are needed. State agencies and affected groups will adjust their litigation strategy based on whether federal court is available earlier in these disputes.
What was the core dispute in First Choice Women's Resource Centers v. Davenport?
The fight was over a New Jersey subpoena for donor information and related records. First Choice argued that forcing disclosure and investigation chilled its First Amendment rights.
What real-world consequences could this decision have for nonprofits and religious groups?
It affects whether groups can quickly ask a federal judge to block a state subpoena they say burdens speech or association. That matters when donor privacy is at stake.
What happens next after the Supreme Court's decision?
Lower courts and state officials must follow the Supreme Court's rule in this case and similar ones. The parties may return to lower court for any remaining issues consistent with that ruling.
Decision
What the Court decided
The Court answered an important procedure question about when federal courts may hear First Amendment challenges to state subpoenas, but the prompt does not provide the vote or the exact winner.
Impact
Faith-based groups, donors, and other private organizations are directly affected by this decision. A subpoena (official demand for documents) for donor names now creates an immediate First Amendment injury. For example, a pregnancy center can go to federal court before donor identities are disclosed. Next, more organizations may challenge government donor demands without waiting for state-court enforcement. The Court reversed and remanded, so lower courts must reconsider First Choice's federal claims.
Not official Court text.
Vote
- Vote split
- 9-0
- Majority author
- Neil Gorsuch
Opinion documents
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 24-781
docket | Jun 8, 2026
Primary case document
Supreme Court document | Jun 8, 2026
Opinion of the Court - NG
opinion | Apr 29, 2026
Questions Presented
brief | Mar 8, 2026
Oral Arguments - Platkin
audio | Dec 2, 2025
Petition
brief | Jan 21, 2025
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026



