First Choice Women’s Resource Centers, Inc. v. Davenport

608 U. S. 174 (2026) · 4/29/26

In a 42 U. S. C. §1983 suit challenging a subpoena issued by the New Jersey Attorney General demanding documents and donor information, First Choice has established a present injury to its First Amendment associational rights sufficient to confer Article III standing.

First Choice Women's Resource Centers, Inc., is a religious nonproft organization that has provided counseling and resources to pregnant women in New Jersey since 1985. Believing that life begins at conception, the group does not provide abortions or refer clients to others for abortions. In 2022, New Jersey's Attorney General established a “Reproductive Rights Strike Force” that issued a consumer alert accusing groups like First Choice of seeking to prevent people from accessing reproductive health care by providing false or misleading abortion information. The Attorney General served a…

Held: First Choice has established a present injury to its First Amendment associational rights sufficient to confer Article III standing. Pp. 183–199. (a) Article III's “standing” requirement consists of three elements: “injury in fact, causation, and redressability.” Diamond Alternative Energy, LLC v. EPA, 606 U. S. 100, 110–111. This case centers on the injury-in-fact element, which requires “an injury that is concrete, particularized, and actual or imminent.” Id., at 111. Here, the Attorney General's subpoena has caused First Choice to suffer an ongoing injury to its First Amendment…