The U.S. Supreme Court’s recent decision in First Choice Women’s Resource Centers, Inc. v. Davenport may create a new strategic consideration for recipients of state attorney general civil investigative demands (CIDs). In a unanimous opinion, the Court held that a nonprofit could pursue a Section 1983 challenge to a New Jersey Attorney General subpoena in federal court based on alleged First Amendment associational harms arising from compelled donor disclosure.

Although the Court emphasized the narrow nature of its holding, the decision potentially opens the door to federal court challenges where state attorney general CIDs implicate donor anonymity, expressive association, advocacy activities, or other constitutional interests. The ruling also reflects the Court’s continued willingness to recognize Article III standing based on alleged chilling effects tied to First Amendment rights.

Our latest post examines the decision, the arguments raised by a coalition of state attorneys general, and what the ruling may mean for companies, nonprofits, trade associations, and other recipients of state attorney general investigative demands