Overview
- The Supreme Court, which ruled 9-0 Wednesday, said First Choice Women’s Resource Centers can sue in federal court because the subpoena for donor names, addresses, phone numbers, and employers causes a present injury to association.
- Attorney General Jennifer Davenport asked an Essex County judge on April 30 to move ahead with enforcing the subpoena, arguing the state court should not wait while the federal case proceeds.
- The justices did not decide whether the subpoena is lawful, so the case returns to lower courts as a federal challenge restarts and the state seeks enforcement in parallel.
- The subpoena dates to Nov. 15, 2023, when then–Attorney General Matthew Platkin’s Reproductive Rights Strike Force sought donor identities during a consumer‑protection probe that, according to reporting and the Court, identified no individual complainant.
- The opinion echoes NAACP v. Alabama by recognizing that demands for donor identities chill giving and association, and legal analysts say nonprofits now have a clearer path to pre‑enforcement federal review of state investigative demands.