Legal Intelligence

🏛️ policy

Nicaragua - Level 3: Reconsider Travel

<p><i><b>Reissued with updates to information on arbitrary enforcement of laws.</b></i></p> <p>Reconsider travel to Nicaragua due to&#8239;<b>arbitrary enforcement of laws</b>, <b>the risk of wrongful detention</b>, <b>and limited healthcare availability</b>. Exercise increased caution in Nicaragua due to<b>&#8239;crime</b>.</p> <p><b>Country Summary:</b> The Government of Nicaragua targets individuals and organizations for political purposes. These include:&nbsp;</p> <ul> <li>NGO workers,</li> <li>Academics and students,<br /> </li> <li>Business representatives,</li> <li>Civil society leaders,<br /> </li> <li>Religious and charity workers (including foreign missionaries),<br /> </li> <li>Journalists,</li> <li>And many others.</li> </ul> <p>In the past year, the Government of Nicaragua has subjected U.S. citizens to arbitrary entry and exit bans, expulsions, arrests, revocations of Nicaraguan citizenship, and other actions.</p> <p>The Government of Nicaragua may:&nbsp;</p> <ul> <li>Arbitrarily deny entry or re-entry to Nicaragua or departure from Nicaragua to U.S. citizens and Nicaraguan citizens. This includes entry by air or land. Travel refunds are NOT provided in these cases. Denials and exit bans can occur for political reasons. This includes perceived support for or association with those the government disfavors. <b>The government is not required to provide a basis for its denial</b>.&nbsp;</li> <li>Search personal phones, computers, social media accounts, and documents for anti-government content.&nbsp;</li> <li>Limit photography.&nbsp;</li> <li>Seize personal devices.&nbsp;</li> <li>Target individuals for political reasons, regardless of nationality. These can include former allies, political activists, business representatives, religious and charity groups, clergy, missionaries, human rights advocates, civil society leaders, academics, and journalists.&nbsp;</li> <li>Target pro-democracy advocates and their family members.&nbsp;</li> <li>Confiscate privately-owned land, residences, financial assets, or personal property. They may do this without warning or due process.&nbsp;</li> <li>Arbitrarily detain, accuse, and charge individuals with terrorism, money laundering, or organized crime offenses. They may do this without fair or transparent processes.&nbsp;</li> </ul> <p><b>The Department has determined there is a risk of wrongful detention of U.S. nationals by the Government of Nicaragua</b>. U.S. citizens should reconsider travel to Nicaragua, including to work for or volunteer with non-profits or religious organizations. Since 2018, the Government of Nicaragua has closed more than 5,300 civil society organizations, including religious organizations. Nicaraguan security services have arrested U.S. citizens on false charges. This includes dual U.S.-Nicaraguan citizens. Those arrested can be denied fair and transparent treatment. Convictions routinely occur in non-public trials without adequate defense or credible evidence. Nicaraguan authorities also arbitrarily enforce laws against U.S. citizen religious workers. Nicaraguan authorities have conducted questionable criminal investigations against U.S. citizens engaged in religious activity. U.S. citizens arrested in Nicaragua may be detained for long periods without charges. Judicial processes often lack transparency. This is especially true in politically motivated arrests and property disputes. Political objectives and pressure may affect the willingness of a local attorney to assist and impact the outcomes of legal processes. Prison conditions can be harsh and life-threatening.</p> <p>Managua has a sole private hospital that is JCAHO (Joint Commission on Accreditation of Healthcare Organizations) accredited and certified, with labs and radiology services available, though it has a very limited number of specialists for acute emergencies. Medical services outside Managua are limited, including for victims of crime. Government hospitals are understaffed and some hospitals throughout the country may not be able to assist in emergencies. Tap water is not reliably potable. Drink only purified bottled water.</p> <p>Travelers should exercise increased caution and remain alert to the risks of crime. These include violent crimes such as sexual assault and armed robbery.<br /> <br /> Poor infrastructure can limit the Embassy&#8217;s emergency assistance to U.S. citizens. Travel by U.S. government personnel may be restricted at any time.<br /> <br /> Read the&#8239;<a href="https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/Nicaragua.html">country information page</a>&#8239;for additional information on travel to Nicaragua.&nbsp;</p> <p>If you decide to travel to Nicaragua:</p> <ul> <li>Consider arrangements to depart the country quickly.&nbsp;</li> <li>Ensure your U.S. passport is valid for your entire stay.&nbsp;</li> <li>Avoid demonstrations and restrict unnecessary travel.&nbsp;</li> <li>Do not attempt to drive through crowds, barricades, or roadblocks.&nbsp;</li> <li>Maintain adequate supplies of food, cash, potable water, and fuel in case you need to shelter in place.&nbsp;</li> <li>Use caution when walking or driving at night.&nbsp;</li> <li>Keep a low profile.&nbsp;</li> <li>Do not display signs of wealth such as expensive watches or jewelry.&nbsp;</li> <li>Remain aware of your surroundings.&nbsp;</li> <li>Develop a communication plan with family and/or your employer or host organization.&nbsp;</li> <li>Be prepared for the high risk of indefinite arbitrary detention on false<u> </u>charges without consular access.&nbsp;</li> <li>Visit our website for&#8239;<a href="https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&amp;originalUrl=https%3A%2F%2Ftravel.state.gov.mcas.ms%2Fcontent%2Ftravel%2Fen%2Finternational-travel%2Fbefore-you-go%2Ftravelers-with-special-considerations%2Fhigh-risk-travelers.html%3FMcasTsid%3D20892&amp;McasCSRF=c0faf6210156a766d6d56a468090eadbf7ff14e9134b92c8bb1ab41cbd1c7567">Travel to High-Risk Areas</a>.&nbsp;</li> <li>Enroll in the&#8239;<a href="https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&amp;originalUrl=http%3A%2F%2Fstep.state.gov.mcas.ms%2F%3FMcasTsid%3D20892&amp;McasCSRF=c0faf6210156a766d6d56a468090eadbf7ff14e9134b92c8bb1ab41cbd1c7567">Smart Traveler Enrollment Program</a>&#8239;(<a href="https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&amp;originalUrl=http%3A%2F%2Fstep.state.gov.mcas.ms%2F%3FMcasTsid%3D20892&amp;McasCSRF=c0faf6210156a766d6d56a468090eadbf7ff14e9134b92c8bb1ab41cbd1c7567">STEP</a>) to receive Alerts and make it easier to locate you in an emergency.&nbsp;</li> <li>Follow the Department of State on <a href="https://www.facebook.com/embusanic/">Facebook&#8239;</a>and <a href="https://x.com/usembnicaragua">X</a> (formerly known as &#8220;Twitter&#8221;).&nbsp;</li> <li>Review the&#8239;<a href="https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&amp;originalUrl=https%3A%2F%2Fwww.osac.gov.mcas.ms%2FContent%2FBrowse%2FReport%3FsubContentTypes%3DCountry%2520Security%2520Report%26McasTsid%3D20892&amp;McasCSRF=c0faf6210156a766d6d56a468090eadbf7ff14e9134b92c8bb1ab41cbd1c7567">Country Security Report</a>&#8239;for Nicaragua.&nbsp;</li> <li>Prepare a contingency plan for emergency situations. Review the&#8239;<a href="https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&amp;originalUrl=https%3A%2F%2Ftravel.state.gov.mcas.ms%2Fcontent%2Ftravel%2Fen%2Finternational-travel%2Fbefore-you-go%2Ftravelers-checklist.html%3FMcasTsid%3D20892&amp;McasCSRF=c0faf6210156a766d6d56a468090eadbf7ff14e9134b92c8bb1ab41cbd1c7567">Traveler&#8217;s Checklist</a>.&nbsp;</li> <li>Visit the CDC page for the latest&#8239;<a href="https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&amp;originalUrl=https%3A%2F%2Fwwwnc.cdc.gov.mcas.ms%2Ftravel%2Fdestinations%2Ftraveler%2Fnone%2Fnicaragua%3FMcasTsid%3D20892&amp;McasCSRF=c0faf6210156a766d6d56a468090eadbf7ff14e9134b92c8bb1ab41cbd1c7567">Travel Health Information</a>&#8239;related to your travel.</li> </ul>

Jurisdiction: Unknown

📊 Neutral impact

📝 health

Nigeria - Level 3: Reconsider Travel

There were no changes to the Travel Advisory Level or risk indicators. Advisory summary was updated to reflect changes to U.S. embassy operations. Do not travel to Plateau, Jigawa, Kwara, Niger, Taraba states were added. Reconsider travel to Nigeria due to crime, terrorism, unrest, kidnapping, and&nbsp;inconsistent availability of health care services.&nbsp;Some areas have increased risk. Read the entire Travel Advisory. Do Not Travel to: Borno, Jigawa, Kogi, Kwara, Niger, Plateau, Taraba, Yobe, northern Adamawa states due to terrorism, crime,&nbsp;and kidnapping Bauchi, Gombe, Kaduna, Kano, Katsina, Sokoto, and Zamfara states due to unrest, crime, and kidnapping Abia, Anambra, Bayelsa, Delta, Enugu, Imo, and Rivers states (with the exception of Port Harcourt) due to crime, kidnapping, and unrest. Advisory summary:&nbsp; On April 8, 2026, the Department of State authorized non-emergency U.S. government employees and U.S. government employee family members to leave U.S. Embassy Abuja due to the deteriorating security situation. Crime&nbsp;and Kidnapping Violent crime is common throughout Nigeria. This includes armed robbery, assault, carjacking, kidnapping, hostage-taking, roadside banditry, and rape. Kidnappings for ransom happen often. They primarily target dual national citizens visiting Nigeria. Americans are perceived as wealthy and are often targets of crime and kidnapping. Kidnapping gangs have stopped drivers on interstate roads in order to&nbsp;rob and kidnap victims. Terrorism There is risk of terrorist violence, including terrorist attacks and other activity in Nigeria. Terrorists continue plotting and carrying out attacks in Nigeria. Terrorists collaborate with local gangs to expand their reach. They may attack with little or no warning, including: Shopping centers and malls Markets Hotels Places of worship Restaurants and bars Schools Government buildings Transportation hubs Public places where crowds gather Visit the U.S. Department of State's country reports on terrorism to learn more. Unrest Civil unrest and armed gangs are active in parts of Southern Nigeria. This is especially true in the Niger Delta and Southeast regions. Armed crime and gangs are common in the area. Crimes include kidnapping and assaults&nbsp;on Nigerian security services. Violence can occur between communities of farmers and herders in rural areas. Unreliable health care Americans should not expect the same level of health care to be available in Nigeria as they do in the United States: Nigerian medical facilities are generally not equipped to U.S. or European standards. Many medicines are not available. This includes common medications for diabetes or asthma. &nbsp; Bring enough over the counter and prescription medicines to last your entire stay in Nigeria. Make sure all your vaccinations&nbsp;are up to date. Consider getting boosters for yellow fever, meningitis, typhoid, cholera, hepatitis A, hepatitis B, and polio. All visitors should take Malaria prophylaxis.&nbsp;Nigeria is high risk for Malaria. Counterfeit pharmaceuticals are a common problem. Hospitals often expect immediate cash payment for health services. Most hospitals and doctors do not accept U.S. health insurance. Emergency services like those in the United States or Europe do not exist. Blood supply is often unreliable. Ambulance services are unreliable, have poor equipment, and often do not have trained paramedics. We strongly recommend getting traveler&#8217;s insurance, including medical evacuation insurance, before traveling. The Department of State does not pay medical bills for Americans overseas. The U.S. government cannot offer emergency services to Americans in many areas of Nigeria due to the safety risks. Risks in specific areas -Level 4 - Do Not Travel Borno, Yobe, Kogi, and Northern Adamawa states Do not travel&nbsp;to Borno, Jigawa, Kogi, Kwara, Niger, Plateau, Taraba, Yobe, and northern Adamawa states due to terrorism, crime,&nbsp;and kidnapping. Do not travel to these areas for any reason. The security situation in these states is unstable&nbsp;and uncertain. This is because of widespread terrorist activity, violence between communities, and kidnapping. Security operations to counter these threats may occur without warning. Terrorist groups in the Northeast often target: Humanitarian camps Security forces Churches and mosques Schools Government buildings Entertainment venues Road travelers Violence in Northeast Nigeria has forced about 2 million Nigerians to leave their homes. Visit our website for Travel to High-Risk Areas. Bauchi, Gombe, Kaduna, Kano, Katsina,&nbsp;Sokoto and Zamfara states Do not travel to Bauchi, Gombe, Kaduna, Kano, Katsina, Sokoto, and Zamfara states due to unrest, crime, and kidnapping. Do not travel to these areas for any reason. The security situation in these states is unstable&nbsp;and uncertain due to&nbsp;civil unrest. Widespread violence between communities and armed crime, including kidnapping and roadside banditry. Security operations to counter these threats may occur without warning. Visit our website for Travel to High-Risk Areas. Abia, Anambra, Bayelsa, Delta, Enugu, Imo, and Rivers states (with the exception of&nbsp;Port Harcourt) Do not travel&nbsp;to Abia, Anambra, Bayelsa, Delta, Enugu, Imo, and Rivers states (with the exception of&nbsp;Port Harcourt) due to crime, kidnapping, and unrest. Do not travel to these areas for any reason. Crime is widespread in Southern Nigeria. There is a high risk of kidnapping, violent protests, and armed gangs. Visit our website for Travel to High-Risk Areas. &nbsp;If you decide to travel to Nigeria: Enroll in the Smart Traveler Enrollment Program (STEP)&nbsp;to get important updates and alerts from the U.S. embassy or consulate. Enrolling helps the U.S. embassy or consulate contact you or your emergency contact in an emergency.&nbsp; Review the Country Security Report&nbsp;for Nigeria. Carry proper identification, including a U.S. passport with a current Nigerian visa, if needed. Use caution when walking or driving. Keep a low profile. Review travel routes and times. Vary your predictability. Do not physically resist any robbery attempt. Be extra vigilant when visiting banks or ATMs. Check local media for breaking events and be prepared to adjust your plans. Be aware of your surroundings. Stay alert in locations frequented by foreign tourists. Avoid demonstrations and large political gatherings. Review your personal security plans. Have evacuation plans that do not depend on U.S. government help. Establish a &#8220;proof of life&#8221; protocol with your loved ones, so that if you are taken hostage, your loved ones know specific questions (and answers) to ask the hostage-takers to be sure that you are alive. This helps to rule out scams. Prepare a backup plan for emergency situations.&nbsp; Visit the Centers for Disease Control and Prevention (CDC) website for the latest Travel Health Information&nbsp;for Nigeria. Get comprehensive medical insurance that includes medical evacuation. We highly recommend that you buy travel insurance before you travel. Check with your travel insurance provider&nbsp;about evacuation assistance, medical insurance, and trip cancelation coverage. Whether you&#8217;re a first time or frequent traveler, use the International Travel Checklist.

Jurisdiction: Unknown

📊 Neutral impact

📝 real_estate

Oregon Wants Better Buildings

Just down the block from my office in Portland, an enormous set of jaws has been steadily devouring an elegant, slightly time-worn building. Very soon, the 1906 Governor Building, until recently the home of performance artists, a tattoo parlor and an iconic record store, will be reduced to a giant pile of bricks, plaster, wood, glass, insulation, wiring, paint, and maybe some old concert posters....By: (ACOEL) | American College of Environmental

Jurisdiction: Unknown

🔥 Highly favorable ruling

📝 macro

World News in Brief: Displacement in South Sudan, fraud centres in the Philippines, new migration patterns in Latin America

In South Sudan, the UN aid coordination office [OCHA] reported on Thursday that conflict and flooding continue to drive displacement and food insecurity higher throughout the country.

Jurisdiction: Unknown

⛔ Major legal implications

🏛️ policy

Justice Department Secures $510,000 Settlement in Sexual Harassment Lawsuit Against Kentucky Landlord

The Justice Department announced today that Joseph E. Johnson, the owner and manager of residential rental properties in Lexington, Kentucky, agreed&nbsp;to pay $510,000 to resolve a lawsuit alleging that he sexually harassed female tenants in violation of the Fair Housing Act.

Jurisdiction: Unknown

⛔ Major legal implications

🏛️ policy

Gardner Woman Charged with Social Security Fraud

U.S. Attorney’s Office, District of Massachusetts

Jurisdiction: Unknown

⛔ Major legal implications

📝 health

Florida Woman Sentenced to 18 Months’ Imprisonment for COVID-19 Relief Program Fraud

U.S. Attorney’s Office, District of New Jersey

Jurisdiction: Unknown

⛔ Major legal implications

🏛️ policy

Congress ends record-shattering DHS shutdown

The House acted after weeks of delay to fund most Homeland Security agencies, which have gone unfunded for 76 days.

Jurisdiction: Unknown

🔥 Highly favorable ruling

📝 sports

U.S. Soldier Charged With Using Classified Information To Profit From Prediction Market Bets

The Justice Department announced today the unsealing of an indictment charging Gannon Ken Van Dyke, a U.S. Army soldier, with unlawful use of confidential government information for personal gain, theft of nonpublic government information, commodities fraud, wire fraud, and making an unlawful monetary transaction. The charges arise from an alleged scheme in which Van Dyke used sensitive classified information to make wagers on Polymarket, a prediction marketplace. As alleged in the indictment, Van Dyke participated in the planning and execution of the U.S. military operation to capture Nicolás Maduro, called “Operation Absolute Resolve,” and Van Dyke used his access to classified information about that operation to personally profit. Van Dyke will be presented today before U.S. Magistrate Judge Brian S. Meyers in the Eastern District of North Carolina. The case has been assigned to U.S. District Judge Margaret M. Garnett in the Southern District of New York.

Jurisdiction: Unknown

⛔ Major legal implications

📝 health

VA Research Wrap Up: New findings on suicide, spinal cord injury and stroke

VA Research recently published findings on service members at-risk for suicide receiving VA care, spinal cord injury and stroke.

Jurisdiction: Unknown

⛔ Major legal implications

📝 tech

Civil Rights Division Sues Cloudera for Excluding U.S. Workers from Applying to High-Paying Technology Jobs

Today, the Justice Department’s Civil Rights Division announced that it has filed a lawsuit against Cloudera Inc. (Cloudera), a Santa Clara, California-based technology company for violating the Immigration and Nationality Act (INA) by intentionally discriminating against U.S. workers in favor of hiring workers with temporary visas. The complaint was filed with the Office of the Chief Administrative Hearing Officer, which has jurisdiction over cases arising under the INA.

Jurisdiction: Unknown

⛔ Major legal implications

📝 health

Cameroon - Level 2: Exercise Increased Caution

<p><b><i>Updated to reflect the addition of health and civil unrest indicators.</i></b></p> <p>Exercise increased caution in Cameroon due to <b>armed violence</b>,<b> civil unrest</b>, <b>crime</b>, <b>health</b>,<b> kidnapping</b>,<b> </b>and<b> terrorism</b>. Some areas have increased risk. Read the entire Travel Advisory.</p> <p><b>Do Not Travel to:</b></p> <ul> <li>Northwest and Southwest Regions due to<b> armed violence</b>,<b> crime</b>,<b> </b>and<b> kidnapping</b>.</li> <li>North Region and parts of East and Adamawa Regions due to <b>crime </b>and<b> kidnapping.</b></li> <li>Far North Region due to <b>crime</b>,<b> kidnapping</b>, and <b>terrorism.</b></li> </ul> <p><b>Country Summary:&nbsp;</b>Violent crime, kidnapping for ransom, armed robbery, and carjacking, is common throughout Cameroon, especially in the regions listed above. Local police lack the resources to respond effectively to serious criminal incidents.</p> <p>Civil unrest is common, with the potential for political violence. &nbsp;</p> <p>Access to health care is limited.</p> <p><b></b>The U.S. government has limited ability to provide emergency services to U.S. citizens in North, Far North, Northwest, Southwest, and parts of Adamawa and East Regions of Cameroon due to current official travel restrictions..</p> <p>Read the <a href="https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/Cameroon.html">Country Information Page</a> for additional information on travel to Cameroon.</p> <p>If you decide to travel to Cameroon:</p> <ul> <li>Do not display signs of wealth, such as expensive watches, handbags, or jewelry.</li> <li>Monitor local media for breaking events and be prepared to adjust your plans.</li> <li>Enroll in the <a href="https://step.state.gov/step/">Smart Traveler Enrollment Program</a> (<a href="https://step.state.gov/step/">STEP</a>) to receive important information from the Embassy about safety conditions in your destination country, help the Embassy contact you in an emergency, and help family and friends get in touch with you in an emergency.</li> <li>Follow the Department of State on <a href="https://www.facebook.com/travelgov">Facebook</a> and <a href="https://twitter.com/StateDept?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor">X/Twitter</a>.</li> <li>Review the <a href="https://www.osac.gov/Content/Browse/Report?subContentTypes=Country%20Security%20Report">Country Security Report</a> for Cameroon.</li> <li>Prepare a contingency plan for emergency situations. &nbsp;Review the <a href="https://travel.state.gov/content/travel/en/international-travel/before-you-go/travelers-checklist.html">Traveler&#8217;s Checklist</a>.</li> <li>Visit the CDC page for the latest <a href="https://wwwnc.cdc.gov/travel/destinations/list">Travel Health Information</a> related to your travel.</li> </ul> <p><b>North, Far North, Northwest, and Southwest Regions, and parts of East and Adamawa Regions &#8211; Level 4: Do Not Travel</b></p> <p>Violent crime, including kidnapping for ransom, armed robbery, assault, and carjacking is a serious concern in Cameroon, especially in these areas.</p> <p>In the Adamawa Region north of the capital, Ngaoundere, and East Region, there is a heightened criminal threat within 20 kilometers of the border with the Central African Republic.</p> <p>Visit our website for <a href="https://travel.state.gov/content/passports/en/go/TraveltoHighRiskAreas.html">Travel to High-Risk Areas</a>.</p> <p><b>Far North Region&#8211; Level 4: Do Not Travel</b></p> <p>In the Far North Region, terrorists may attack with no warning, targeting local facilities and places frequented by Westerners.</p> <p>Visit our website for <a href="https://travel.state.gov/content/passports/en/go/TraveltoHighRiskAreas.html">Travel to High-Risk Areas</a>.</p> <p><b>Northwest and Southwest Regions &#8211; Level 4: Do Not Travel</b></p> <p>In Northwest and Southwest Regions, armed clashes between separatists and government forces, and other acts of violence, including violent criminality, kidnapping for ransom, sexual assault, arson, roadside ambushes and robberies, use of improvised explosive devices, illegitimate detentions, and murder have occurred. Security force operations, curfews and movement restrictions, and attacks by armed militants can take place at any time throughout these regions, including in urban areas. Ongoing violence has led to a breakdown in order and a significant decline in public services, including medical resources in large areas of both regions.</p> <p>Visit our website for <a href="https://travel.state.gov/content/passports/en/go/TraveltoHighRiskAreas.html">Travel to High-Risk Areas</a>.</p>

Jurisdiction: Unknown

📊 Neutral impact

🏛️ policy

Court unanimously sides with faith-based pregnancy centers in litigation dispute with New Jersey

The Supreme Court on Wednesday ruled in First Choice Women’s Resource Centers v. Davenport that a group of faith-based pregnancy centers can litigate their challenge to New Jersey’s demands for information about the group’s fundraising practices in federal court. In a unanimous decision by Justice Neil Gorsuch, the justices rejected the lower courts’ conclusion that the group, First Choice Women’s Resource Centers, had not shown it had suffered the kind of injury from the subpoena that would give it a legal right to sue, known as standing.Although New Jersey says that it is investigating whether First Choice may have misled women about whether it provides certain reproductive-health services, such as abortions, the court’s ruling focused instead on the more technical – but not insignificant – question of when organizations and advocacy groups can bring lawsuits in federal court.First Choice describes itself as a “faith-based nonprofit” that provides “material support and medical services like ultrasounds and pregnancy tests under the direction of a licensed medical director.” In 2023, Matthew Platkin – who was then New Jersey’s attorney general – issued subpoenas to the group, seeking, among other things, information about its donors.First Choice challenged the subpoena in federal court in New Jersey. The group contended that the subpoena would discourage both its own speech, because it prompted the group to remove videos that identified its staff from its YouTube channel, and that of its donors, who would be less likely to make contributions out of concern that their identities would be revealed.A federal judge in Trenton, New Jersey, twice refused to block the subpoena. U.S. District Judge Michael Shipp initially ruled that he could not yet decide on the dispute because only a state court has the power to enforce or block a subpoena, and it had not yet done so. After a state court later instructed First Choice to “respond fully” to New Jersey’s demands for information, First Choice returned to the district court, where Shipp once again concluded that he lacked the power to rule on the dispute at that time. Although the state court had granted Platkin’s request to enforce the subpoena, Shipp wrote, it had not yet determined whether First Choice would face sanctions if it did not comply – that is, First Choice had not shown that it had actually been injured by the subpoena.A federal appeals court agreed. It emphasized that First Choice could continue to argue in state court that the subpoena’s demands violated the First Amendment. Moreover, it added, the scope of the donor information that the attorney general was seeking was relatively narrow, and First Choice had not yet demonstrated that it was seriously injured by the state’s requests.In a unanimous 22-page opinion on Wednesday, the Supreme Court reversed the lower court’s decision, clearing the way for First Choice’s lawsuit to move forward in federal court. Gorsuch focused on whether First Choice had a legal right to sue, and in particular whether the group could meet the requirement that it have suffered an “actual or imminent” injury as a result of the subpoena.First Choice, Gorsuch noted, argues that the state’s demand for information about its donors constitutes an “actual or imminent” injury because it deters donors from associating with the group. Gorsuch agreed. The subpoena, he wrote, cautions that a failure to provide the information that it seeks “may render you liable for contempt of Court and such other penalties as are provided by law.” First Choice also submitted two declarations to the lower court: one in which “several donors represented that ‘[e]ach of us would have been less likely to donate to First Choice if we had known information about the donation might be disclosed’”; and another in which the group’s “executive director similarly represented that the Attorney General’s request threatened to ‘weaken [the group’s] ability to recruit new donors.’”“All this,” Gorsuch concluded, “is more than enough to establish injury in fact under our precedents. An injury in fact does not arise only when a defendant causes a tangible harm to a plaintiff, like a physical injury or monetary loss. It can also arise when a defendant burdens a plaintiff’s constitutional rights. And our cases have long recognized that demands for a charity’s private member or donor information have just that effect.”As further evidence of the “commonsense” nature of the court’s holding, Gorsuch pointed to the array of “friend of the court” briefs supporting First Choice in this case. “Groups ranging from the American Civil Liberties Union to the National Taxpayers Union Foundation to the Church of Jesus Christ of Latter-day Saints have filed briefs in this case explaining that, ‘[e]ven if a subpoena targeting First Amendment activity is never enforced in court, [it] will give its targets a very good reason to clam up [and] give the target organization’s members and supporters a very good reason to abandon the cause.’”Gorsuch considered, but rejected, the three contentions at the core of the state’s argument. It does not matter, Gorsuch said, whether the subpoenas are “non-self-executing” – that is, that they are not legally binding until the state goes to court and obtains an order directing First Choice to comply with them. “[T]he value of a sword of Damocles” – the ancient parable about a king’s courtier who is forced to sit through a meal on the king’s throne with a sword hanging over his head, suspended by a single strand of horsehair – “is that it hangs—not that it drops,” Gorsuch emphasized. Even if the subpoena could not be enforced immediately, Gorsuch wrote, “[a]n objectively reasonable recipient of a demand like that would be induced … to trim its protected advocacy knowing it now stands in the government’s crosshairs.”Gorsuch also dismissed the state’s suggestion that the subpoena to First Choice could not have deterred donors because they still had the option to donate to the group through one website that, in the state attorney general’s view, “could not mislead a potential donor into thinking that First Choice provides or refers for abortions.” But the question before the court, Gorsuch maintained, “isn’t how badly the Attorney General has burdened First Choice’s associational rights; the question is whether he has burdened those rights at all. And by effectively restricting how First Choice may interact privately with its donors, the subpoena did just that.”Finally, Gorsuch was equally unpersuaded by the state’s contention that First Choice was not injured by the subpoena because a state court will issue a protective order that requires any donor information provided pursuant to the subpoena to be kept private. Gorsuch noted that “no such protective order presently exists” and that even ostensibly private data could be leaked to the public. But in any event, he concluded, “[a]n official demand for private donor information is enough to discourage reasonable individuals from associating with a group. It is enough to discourage groups from expressing dissident views.”Referring back to the Supreme Court’s 1958 decision in NAACP v. Alabama, in which the Supreme Court reversed a ruling by the Alabama state courts that fined the NAACP $100,000 for refusing to disclose its membership rolls in response to a request from that state’s attorney general, Gorsuch queried, “would it have been an answer in NAACP v. Alabama if the State’s Attorney General promised to keep the NAACP’s membership rolls to himself?”

Jurisdiction: Unknown

⛔ Major legal implications

🏛️ policy

Judiciary Learning Center Bridges Gap Between Science and Law

The new Federal Circuit Center for Innovation and Law offers students an immersive learning experience that connects science, technology, civics, and law in the nation’s capital.

Jurisdiction: Unknown

📊 Neutral impact

📝 sports

The U.S. Government is Selling its Unused Properties—Here’s What You Should Know

The federal government is one of the largest property owners in the United States. It owns hundreds of thousands of properties—from residential homes to industrial sites. Combined, this real estate costs billions of dollars each year to maintain. But...

Jurisdiction: Unknown

📊 Neutral impact