Docket: 24-781 Opinion Date: April 29, 2026 Judge: Neil Gorsuch Areas of Law: Business Law, Constitutional Law, Non-Profit Corporations |
A religious nonprofit organization in New Jersey, active since 1985, provides counseling and resources to pregnant women but does not offer or refer for abortions due to its belief that life begins at conception. In 2022, the state’s Attorney General created a task force that accused groups like this one of spreading misleading information about abortion. Subsequently, the Attorney General issued a subpoena demanding the group turn over documents identifying many of its donors, except those who donated through one specific webpage. The subpoena warned that noncompliance could lead to contempt charges and other penalties.
The organization responded by filing a lawsuit in the United States District Court, seeking to block enforcement of the subpoena and arguing that the compelled disclosure of its donor information would chill its First Amendment rights by deterring donors. The district court denied the group’s request for a preliminary injunction and dismissed the complaint, holding there was no justiciable claim because no court had yet ordered the group to comply with the subpoena, so no injury had occurred. The United States Court of Appeals for the Third Circuit affirmed, finding that the group lacked standing since any potential harm was not sufficiently concrete or imminent.
The Supreme Court of the United States reversed the Third Circuit’s decision. The Court held that the subpoena itself, even before enforcement, constitutes an ongoing injury to the organization’s First Amendment associational rights by deterring donors and burdening protected association. The Court clarified that the injury arises when the government issues such a demand—not only if and when a court enforces it. The Court further held that the possibility of later confidentiality protections or limited exceptions in the subpoena did not eliminate the injury. The case was remanded for further proceedings. |
