Skip to main content

New top story from Time: How a Supreme Court Case About Nonprofit Donations Could Affect America’s Elections

https://ift.tt/3aEHRmt

Upon first glance, the U.S. Supreme Court case Americans for Prosperity Foundation v. Rodriquez might not seem like it could impact elections.

The case, which will be argued before the Supreme Court Monday, examines the constitutionality of a California regulation requiring nonprofits wishing to raise money in the state to disclose their largest donors to the state Attorney General. But the stakes could be much higher for American democracy if the Court rules broadly, so the case has drawn intense interest from leaders and advocacy groups on both sides of the political spectrum, forging unlikely alliances in the fight over when anonymous donations are protected by the Constitution.

“We are engaged in a quiet battle with dark money forces that seek to exert broad and often secret control within government, and this case could dramatically strengthen their power,” Sen. Sheldon Whitehouse, a Democrat from Rhode Island, tells TIME.

The conservative nonprofit Americans for Prosperity Foundation—which has the backing of Republican mega-donor Charles Koch—brought the lawsuit in 2014, arguing that requiring them to disclose their major donors violates their First Amendment right to freedom of association. (Conservative law firm Thomas More Law Center filed a similar suit, which was consolidated with this one.) On the other side, California’s Attorney General argues that the government needs to collect donor names to prevent fraud, but keeps those names confidential.

Regardless of what happens to California’s policy after the Supreme Court rules later this year, the larger effects of the case will hinge in part on what standard of judicial scrutiny the Court uses to make its evaluation. Financial disclosure laws typically are evaluated under “exacting scrutiny,” a roughly mid-level standard. The 9th Circuit sided with California in 2019, ruling that the regulation held up under this standard of review because the state had proven it was substantially related to its interest in preventing fraud. But the plaintiffs argue the policy must be reviewed under a higher standard, and if the justices agree, some advocates worry it could make it easier to strike down other disclosure laws in the future.

As it stands now, Supreme Court precedent allows for unlimited corporate spending in elections, with some restrictions and donor disclosure requirements for groups like Super PACs. The outcome of Americans for Prosperity Foundation could indicate if similar requirements might be in danger in the future with three new justices appointed by former President Donald Trump on the bench.

“Ultimately, what’s at stake is the potential for chipping away at transparency that is required by our campaign finance disclosure laws,” says Carol Moon Goldberg, the president of the League of Women Voters of California.

Unusual coalitions

The roots of the issue go back to protecting the safety of Black civil rights activists in the 1950s.

In 1958, the Supreme Court ruled in NAACP v. Alabama ex rel. Patterson that Alabama could not require the NAACP to share the names of its members because that could expose them to “possibilities of harassment and reprisal.” In subsequent rulings, the Court held that requiring groups to disclose names of donors can have a “chilling effect,” meaning that people might be less likely to donate if they think others could find out they did so. Certain groups can also be granted exemptions if they can prove they’re at risk of harassment if they disclose names.

Now, Americans for Prosperity Foundation argues the California policy could create such a chilling effect, and is asking for an exemption even if the Court doesn’t strike the rule down entirely. The group points to the fact that a portion of confidential records were accidentally made accessible on the state’s website, and one of their expert witnesses was able to hack into it and access even more private information. The state maintains those security holes have since been fixed.

“Stripping citizens of their privacy is a tool wielded by some in political power to silence their opposition and stifle individuals from engaging in educational and charitable efforts,” said Americans for Prosperity Foundation CEO Emily Seidel.

The American Civil Liberties Union (ACLU), the NAACP Legal Defense and Education Fund, The Knight First Amendment Institute at Columbia University, the Human Rights Campaign and PEN America have all filed a brief agreeing that requiring the plaintiffs to disclose their donors under these circumstances would violate their First Amendment rights. In fact, more than 60 amicus briefs have been filed in the case, with voting rights groups, Senators and even states weighing in. But progressive groups are split on the issue, and the First Amendment questions at play have created unusual coalitions of conservative libertarian groups and left-leaning groups that advocate for individual liberties.

“Although the ACLU does not agree with the Americans for Prosperity Foundation on every issue, or perhaps even most issues, we thought this was an important case to stand up for the First Amendment right of association,” says Brian Hauss, a staff attorney with the ACLU Speech, Privacy and Technology Project.

Some voting rights groups, on the other hand, including the League of Women Voters of California, have filed a brief urging the Court to side with California, arguing the state has proven collecting donor names, which are supposed to be kept confidential, is necessary for preventing fraud. Whitehouse and 14 other Democratic Senators have also filed a brief in the case supporting California’s position.

But looming over both sides are questions about how these positions on donor transparency could impact civic life. The ACLU’s brief urges the Court to not issue “overbroad pronouncements” that would impact disclosure requirements in other contexts, and when asked whether they are concerned about the consequences the case could have on campaign finance law, Hauss says that while that’s “a totally understandable concern,” he does not believe campaign finance laws will be affected by the case.

Others are more skeptical. “The concern is that the court could use this pretty limited law as an opportunity to opine more broadly on the First Amendment rights of anonymity,” says Tara Malloy, the senior director of appellate litigation and strategy at Campaign Legal Center (CLC), which has signed onto the brief with the League of Women Voters of California urging the court to uphold the policy. While the plaintiffs have said they have no desire to strike down electoral disclosure laws, “the type of legal arguments they’re making seem to threaten those laws,” Malloy says. “They’re arguing that the court be more skeptical, really, of disclosure and review it more carefully, which has broader repercussions.”

Campaign finance implications

The Supreme Court will consider this case more than a decade after its last major donor disclosure decision, which opened the floodgates to enormous sums of anonymous money influencing elections.

In 2010’s landmark campaign finance case Citizens United v. FEC, the Supreme Court struck down limitations on corporate spending in political communications. While Citizens United also affirmed financial disclosure requirements in certain instances, it’s unclear how the newest conservative justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—might feel about such requirements, says Richard Briffault, a professor at Columbia Law School.

Sen. Whitehouse argues those three justices “were put on the court through a process that was heavily controlled by dark money interests,” referring in part to campaigns in support of their confirmations by 501(c)(4) groups, which are not legally required to disclose their donors. On April 16, Whitehouse, along with Democrats Sen. Richard Blumenthal and Rep. Hank Johnson, sent a letter to Barrett urging her to recuse herself from the case, pointing out that Americans for Prosperity, the 501(c)(4) sister organization of Americans for Prosperity Foundation, launched a campaign last fall urging Senators to vote for her confirmation. The Hill reported at the time that the organization said it intended to spend “in the seven figures” on the confirmation battle. None of the justices have indicated that they will recuse themselves, and the Supreme Court did not respond to a request for comment on the letter.

Oral arguments are set for April 26, and a decision will likely come by June. How the justices rule—and the precedent they set for reviewing financial disclosure requirements in the future—could further affirm or erode some organizations’ ability to keep their donors private.

“The case is a part of the never-ending efforts on [the part of] advocates of dark money spending to cloak their behavior in even more secrecy,” says Norman Eisen, a senior fellow at the Brookings Institution who served as President Barack Obama’s chief ethics lawyer. If the Supreme Court believes disclosure laws need to clear a higher constitutional bar, Eisen says, “I think the advocates of secrecy would try to take the ball and run with it.”

Comments

Popular posts from this blog

New top story from Time: How Spirited Away Changed Animation Forever

https://ift.tt/3xVoGP5 Twenty years ago, on July 20, 2001, a film that would become one of the most celebrated animated movies of all time hit theaters in Japan. Directed by Hayao Miyazaki and produced by Studio Ghibli, Sen to Chihiro no Kamikakushi, titled Spirited Away in English, would leave an indelible mark on animation in the 21st century. The movie arrived at a time when animation was widely perceived as a genre solely for children, and when cultural differences often became barriers to the global distribution of animated works. Spirited Away shattered preconceived notions about the art form and also proved that, as a film created in Japanese with elements of Japanese folklore central to its core, it could resonate deeply with audiences around the world. [time-brightcove not-tgx=”true”] The story follows an ordinary 10-year-old girl, Chihiro, as she arrives at a deserted theme park that turns out to be a realm of gods and spirits. After an overeating incident ...

New top story from Time: Deaths and Blackouts Have Hit the U.S. Northwest Due to the Unprecedented Heat Wave

https://ift.tt/2UgzckI SPOKANE, Wash. — The unprecedented Northwest U.S. heat wave that slammed Seattle and Portland, Oregon, moved inland Tuesday — prompting a electrical utility in Spokane, Washington, to resume rolling blackouts amid heavy power demand. Officials said a dozen deaths in Washington and Oregon may be tied to the intense heat that began late last week. The dangerous weather that gave Seattle and Portland consecutive days of record high temperatures exceeding 100 degrees Fahrenheit (37.7 degrees Celcius) was expected to ease in those cities. But inland Spokane saw temperatures spike. The National Weather Service said the mercury reached 109 F (42.2 C) in Spokane— the highest temperature ever recorded there. [time-brightcove not-tgx=”true”] About 9,300 Avista Utilities customers in Spokane lost power on Monday and the company said more planned blackouts began on Tuesday afternoon in the city of about 220,000 people. “We try to limit outages to one hour per...

New top story from Time: The Documentary Final Account Is a Rare Trove of Unfiltered Interviews With Former Nazis—Too Unfiltered, Some Historians Say

https://ift.tt/3u2CDYI In 2008, documentary filmmaker Luke Holland was looking for a sense of closure. His Viennese maternal grandparents had perished in the Holocaust and, more than six decades later, he wanted to better understand what had happened. So he decided to ask the people who would know: SS members , Wehrmacht fighters, concentration-camp guards and civilian witnesses. “ At first, I embarked on a project with the completely improbable aim of trying to find the people who had killed [my grandparents]. It was quickly clear that I was not going to achieve that,” Holland wrote in a statement about the project. “But I realized I could actually meet their peers. I could meet people who had also raised their arms and their guns for Hitler , people who had committed atrocious crimes. And maybe through them, I might better understand the context in which the Holocaust played out in the heart of a supposedly civilized Europe.” Holland did more than 250 interviews, bu...

New top story from Time: China Says It Will Provide COVID-19 Vaccines to Almost 40 African States

https://ift.tt/3f34nYP BEIJING — China said Thursday it is providing COVID-19 vaccines to nearly 40 African countries, describing its actions as purely altruistic in an apparent intensification of what has been described as “vaccine diplomacy.” The vaccines were donated or sold at “favorable prices,” Foreign Ministry official Wu Peng told reporters. Wu compared China’s outreach to the actions of “some countries that have said they have to wait for their own people to finish the vaccination before they could supply the vaccines to foreign countries,” in an apparent dig at the United States. “We believe that it is, of course, necessary to ensure that the Chinese people get vaccinated as soon as possible, but for other countries in need, we also try our best to provide vaccine help,” said Wu, who is director of the ministry’s Africa department. While the U.S. has been accused by some of hoarding vaccines, President Joe Biden on Monday pledged to share an additional 20 mi...

New top story from Time: Keeping Up with the Kardashians Is Ending. But Their Exploitation of Black Women’s Aesthetics Continues

https://ift.tt/3gahnMY The inaugural episode of Keeping Up with the Kardashians , which debuted on E! in 2007, begins with an irreverent domestic scene. Kim Kardashian , the undisputed protagonist of the show, rummages through the fridge as she’s teased by her family for the size of her posterior. “I think she’s got a little junk in her trunk,” says Kris Jenner, the family’s matriarch and “momager.” She calls her daughter’s butt “jiggly,” as Kim’s sister Khloé Kardashian chimes in from the kitchen table, “Kim’s always had an ass.” [time-brightcove not-tgx=”true”] That the opener of the watershed reality show—which ends June 10 after 20 seasons—centered on the family’s fixation on Kim’s rear foreshadowed the now-ubiquitous public obsession with her body, and particularly that specific feature of it. This outsize fascination was perhaps best embodied by her controversial 2014 Paper magazine cover, shot by Jean-Paul Goude, where her bare bottom is flanked by the line, “Br...

Amit Shah to visit West Bengal as BJP, TMC cross swords after attack on Nadda's convoy https://ift.tt/3gzz9Yq

Senior Bharatiya Janata Party leader and Union Home Minister Amit Shah is likely to visit West Bengal later this month. It will be Shah’s second visit to the poll-bound state within a month. 

New top story from Time: ‘Most Heinous Attack.’ Merrick Garland Pledges to Take on Domestic Terrorism as Attorney General

https://ift.tt/3dGuLHC As the federal government continues to grapple with the fallout of the deadly attack on the U.S. Capitol Building by pro-Trump rioters on Jan. 6, the Biden Administration has remained close-lipped about how it plans to confront the rising threat of domestic terrorism. This week, Americans got a first look into how that effort may unfold with the testimony of Merrick Garland, the nominee to be the next attorney general. In his testimony before the Senate Judiciary Committee on Monday and Tuesday, Garland declared that investigating the Capitol insurrection was his “first priority” and promised to “do everything in the power of the Justice Department” to stop domestic terrorism. He also warned that the events of Jan. 6 were not a “one-off,” and that the U.S. is facing “a more dangerous period” than any in recent memory. Garland would know. More than 25 years ago, he led the Justice Department’s prosecution of the perpetrators of the 1995 Oklahoma Cit...

Breaking News LIVE: Top Headlines This Hour https://ift.tt/35SVywr

The total number of global coronavirus cases has surpassed 33 million, including more than 1,002,000 fatalities. More than 24,634,990 patients are reported to have recovered. Meanwhile, a state-wide bandh would be observed in Karnataka today (on Monday) by various farmers' organisations, protesting the amendments to the APMC and land reforms acts made by the BS Yediyurappa government. The dawn-to-dusk bandh call has been supported by several pro-Kannada and other outfits besides the opposition Congress and the JD(S), who had opposed the amendment bills in the assembly.

FOX NEWS: Mom accidentally walks by daughter’s Zoom call naked, recalls story in hilarious Facebook video: 'Humiliating'

Mom accidentally walks by daughter’s Zoom call naked, recalls story in hilarious Facebook video: 'Humiliating' This first-grade class got quite the eyeful. via FOX NEWS https://ift.tt/3gw5HCs

Raksha Bandhan 2020

Raksha Bandhan 2020 is going to be celebrated in India according to the lunar calendar month of Shravan which is August 3 this year. During the celebration women tie a variety of Rakhi on the wrist of their brothers with a wish to keep all misfortune, distress, evils away from their brothers. In return, brothers promise them for protection and to stand by her in every circumstance. During the rituals, brother offers some gifts to their sisters as a customary gesture. Raksha Bandhan is a very important festival in India. During the festival, sisters who resides far away from their brothers send them Raksha Bandhan quotes to brother through SMS or any other electronic medium. Similarly, brothers sent to their sisters Raksha Bandhan quotes to sister through these media to express their good wishes and well beings for their sisters. In this festival, Raksha Bandhan Quotes, Raksha Bandhan Images, Raksha Bandhan greetings typically trends on all social media platforms. People sen...