First Choice Women’s Resource Centers, Inc. v. Davenport · ¶17

Given the absence of any state court order compelling production, the district court reasoned, First Choice had yet to suffer any injury from the subpoena and thus lacked Article III standing to challenge it in federal court. Id., at 23a, 31a–32a, 38a–39a, n. 20. To be sure, the district court recognized, an argument could be made that the subpoena “itself . . . by virtue of being issued” was causing First Choice an “ongoing injury” to its First Amendment rights. Id., at 49a–50a. But, the court held, that injury was insufficient to confer standing. Indeed, the court worried that allowing the federal litigation to proceed while state proceedings remained ongoing would “not [be] tolerable to our Nation's federalism.” Id., at 56a.

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