By THE ALASKA STORY
May 1, 2026 – The US Supreme Court ruled unanimously this week that a faith-based nonprofit can move forward with its legal challenge against a New Jersey government subpoena seeking its list of donors and other donor information. The court holds only that the nonprofit had Article III standing to bring a federal lawsuit challenging the New Jersey Attorney General’s subpoena.
In the case of First Choice Women’s Resource Centers v. Davenport, the court found that First Choice Women’s Resource Centers had demonstrated sufficient injury to establish standing in federal court. Writing for the court, Justice Neil Gorsuch said that government demands for donor information can burden First Amendment rights by discouraging association and free speech.
The dispute stems from a 2023 subpoena issued by New Jersey Attorney General Matthew Platkin, who was demanding details about the group’s fundraising practices amid a government investigation into whether the group did not give women information about abortion services available to them in New Jersey.
Lower courts had ruled that the nonprofit could not sue in federal court because it had not shown actual injury, which would require it to give over donor information first, and then declare the injury. The Supreme Court disagreed, concluding that even the threat of enforcement, combined with evidence that donors might withdraw support, was enough to establish harm.
