On April 29, 2026, the United States Supreme Court issued a unanimous opinion in First Choice Women’s Resource Centers, Inc. v. Davenport, where it held that a nonprofit suffered an injury to its First Amendment right of association when it was subpoenaed by a state attorney general to produce donor information, including donor identities.1 Justice Gorsuch, writing for the Court, held that the nonprofit petitioner could challenge the subpoena in federal court without first waiting for a state court to compel compliance.
The decision carries important privacy implications for universities, hospitals, health care nonprofits, advocacy organizations, and other entities that maintain sensitive donor, member, or supporter data. While some media coverage of the ruling has narrowly focused on the organizational mission of the petitioner, the practical upshot of the ruling is broader: a government demand for such sensitive data can be challenged in federal court immediately, before any sensitive information must be disclosed. This provides an up-front procedural safeguard for donor and member privacy.
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