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Reason
Reason
Jonathan H. Adler

Unanimous Supreme Court Affirms Standing to Challenge Subpoena for Info on Financial Supporters

The Supreme Court headline for today is the Court's 6-3 decision narrowing the application of Section 2 of the Voting Rights Act in Louisiana v. Callais. Before deciding Callais, however, the Court also decided First Choice Women's Resource Centers v. New Jersey.

In First Choice, a unanimous Court concluded that a pro-life religious organization had Article III standing to challenge the constitutionality of a subpoena from the New Jersey Attorney General demanding information about the nonprofit's financial supporters. As occurred with the mifepristone litigation, the fact that this case touches on abortion did not prevent consensus among the justices.

Justice Gorsuch wrote for the Court, making quick work of the arguments accepted by the lower courts and advanced by New Jersey. As Justice Gorsuch notes, "the question before us all but answers itself." Nonetheless, three of the four lower court judges to consider the case reached the opposite conclusion.

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