excalibur
Diamond Member
- Mar 19, 2015
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It really was a good day at SCOTUS.
In a Section 1983 suit challenging a subpoena issued by the New Jersey attorney general demanding documents and donor information, First Choice has established a present injury to its First Amendment associational rights sufficient to confer Article III standing.
Since the 1950s, this Court has confronted one official demand after another like the Attorney General's. Over and again, we have held those demands burden the exercise of First Amendment rights. Disputing none of these precedents but seeking ways around them, the Attorney General has offered a variety of arguments. Some are old, some are new, but none succeeds. Accordingly, the judgment of the Third Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
In a Section 1983 suit challenging a subpoena issued by the New Jersey attorney general demanding documents and donor information, First Choice has established a present injury to its First Amendment associational rights sufficient to confer Article III standing.
Since the 1950s, this Court has confronted one official demand after another like the Attorney General's. Over and again, we have held those demands burden the exercise of First Amendment rights. Disputing none of these precedents but seeking ways around them, the Attorney General has offered a variety of arguments. Some are old, some are new, but none succeeds. Accordingly, the judgment of the Third Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
