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

Summary

Justice Gorsuch, writing for a unanimous Court, held that First Choice established a present injury to its First Amendment associational rights sufficient for Article III standing to challenge the Attorney General’s demand for private donor information. The demand’s objectively reasonable chilling effect exists while the subpoena remains outstanding, even if judicial enforcement is required. First Choice need not await state-court enforcement, and neither exempting some donation channels nor promising confidentiality eliminates the injury. The Attorney General’s proposed narrowing also did not moot the case. The Court reversed and remanded without deciding the merits of the constitutional challenge. There were no separate opinions.