First Choice Women’s Resource Centers, Inc. v. Davenport · ¶18

A divided panel of the Third Circuit affirmed. Much like the district court, the majority reasoned that First Choice had not established “enough of an injury” to permit its case to proceed. Id., at 4a. Judge Bibas dissented. He would have found the case justiciable because the subpoena's issuance burdened First Choice's present ability to associate freely with its donors. See id., at 3a, n.

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