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: Anne Lamott’s Advice Could Stop You From Drowning in Cynicism

https://ift.tt/3m8JRbR Well hello! I’m so glad you’re here. A version of this article also appeared in the It’s Not Just You newsletter. Sign up to get a new edition every Saturday. This year has tested my lack of faith. I was raised as an erratic agnostic, unsure about being unsure. But lately, I’m not the only one scrabbling for meaning or optimism or even someone to blame for the various messes in which we find ourselves. And who better to address this moment than bestselling author Anne Lamott , who has both faith and a fierce sense of humor? [time-brightcove not-tgx=”true”] Lamott has written 19 books , many of them wry memoirs about spirituality , addiction, recovery, and hope , in addition to her beloved classics about motherhood and advice for writers . She has a vast following that crosses cultural boundaries, though she refers to herself as an “unabashed, extremely left-wing Christian, and the New York Times has described her as “ a feminist C.S. Lewis...

New top story from Time: U.S. Lawmaker Wants to Ban Booze ‘To Go’ at Airports Amid Surge in Unruly Passengers

https://ift.tt/3kExvs4 Limiting the sale of “to-go” alcohol at airports and creation of an industrywide no-fly list are among the steps that may be needed to help stem the epidemic of air rage incidents on airline flights. But disagreements over which ones to pursue emerged at an often contentious U.S. House Transportation and Infrastructure Committee hearing Thursday that also highlighted the deep divide among industry sectors and the emotional politics surrounding mask requirements during travel. While most lawmakers decried the surge in unruly passenger incidents some Republican lawmakers attacked what they called hypocritical policies by the Biden administration and criticized airlines for enforcing the mask rule. Democrats, in turn, said lax standards in some states contributed to the problem. [time-brightcove not-tgx=”true”] “I would agree totally that there are mixed messages out there and that it’s confusing to the public and at times makes it very difficult for f...

New top story from Time: Police and Protesters Against the Shooting of Jacob Blake Clash for a Third Night in Kenosha

https://ift.tt/34zqgdm KENOSHA, Wis. (AP) — Police fired tear gas and rubber bullets to disperse protesters during a third night of unrest in this southeastern Wisconsin city following the shooting of a Black man whose attorney said he was paralyzed after being shot multiple times by police. A group of protesters walked toward a fence that was put in place Tuesday around the courthouse and started shaking it. Police behind it moved toward protesters as some threw water bottles and fireworks over the fence. Armored vehicles then rolled in and tear gas was fired into the crowd. When police ordered protesters to disperse, the crowd responded by chanting “Black lives matter.” Police then fired rubber bullets. Jacob Blake, the man shot by police responding to a domestic disturbance on Sunday, is paralyzed, and it will “take a miracle” for him to walk again, his family’s attorney said Tuesday, while calling for the officer who opened fire to be arrested and others involved to...

New top story from Time: The Ceasefire Between Israel and Hamas Shows How Little Control Biden Has Over the Middle East

https://ift.tt/3uefx1o It took 11 days, but Israel and Hamas finally agreed to a ceasefire that ended their latest round of deadly violence . More than 250 people, many of them civilian men, women, and children caught in the crossfire, were killed in their exchanges, the overwhelming majority in Gaza. Predictably, both sides claimed victory. From a political standpoint, President Joe Biden hasn’t achieved anything. Here are 7 reasons why. 1. This episode exposed Biden’s inability to referee this fight. As Hamas fired missiles toward Jerusalem, Tel Aviv, and other parts of Israel, no one could persuade Israeli Prime Minister Benjamin Netanyahu to stop his military from pounding Hamas targets in Gaza. There are issues on which U.S. presidents can pressure Israeli leaders to change tack, but that’s much harder to accomplish when the entire Israeli political establishment is united behind actions in defense of national security, as it was in this case. A recent poll found th...

FOX NEWS: Crispy air fryer chicken wings with hot honey: Try the recipe “When I set out to make a chicken wing recipe, I had three requirements: it had to be crispy, it had to be flavorful, and it had to be easy to make,” offers Alea Chappell, Trendgredient.com.

Crispy air fryer chicken wings with hot honey: Try the recipe “When I set out to make a chicken wing recipe, I had three requirements: it had to be crispy, it had to be flavorful, and it had to be easy to make,” offers Alea Chappell, Trendgredient.com. via FOX NEWS https://ift.tt/3CNQR4B

India records over 67,000 COVID-19 cases, 1,059 deaths in a day; tally crosses 32-lakh mark https://ift.tt/32jJQaM

India on Wednesday recorded as many as 67,150 new coronavirus cases and 1,059 deaths in the last 24 hours, according to Union health ministry data. India's Covid-19 tally crossed 32 lakh-mark with Maharashtra recording the highest number of cases.

FOX NEWS: This is when you should book your holiday flights When it comes to getting a deal on holiday airfare, there's no time like the present. 

This is when you should book your holiday flights When it comes to getting a deal on holiday airfare, there's no time like the present.  via FOX NEWS https://ift.tt/3zGOVsx

New top story from Time: COVID-19 Has Slashed Asia’s Appetite for Wild Animals, a New Report Finds

https://ift.tt/3unD7cd About eight years ago, Li Hong began rearing snakes on a patch of land in China’s central Hunan province. The 7,000 or so elaphe carinata , commonly known as the king ratsnake or Taiwan stinksnake, he sold each year fetched around 2 million renminbi ($220,000)—far more than the 51-year-old previously earned as a migrant worker toiling in factories and on construction sites. But then the COVID-19 pandemic erupted in the nearby city of Wuhan in January 2020, prompting the Beijing government to ban the sale of wild animals, which across Asia are often prized for purported health benefits, with their skins sold to makers of fashion accessories. Li’s livelihood was snatched away and he says he was compensated only 144 renminbi ($22) per kilo of snake destroyed. “Today, market demand is very low and if we want to farm snakes, we have to go to the provincial forestry bureau for approval, which is a lot of trouble,” he tells TIME. “Now only medicinal-use s...

Modhera's iconic Sun Temple looks splendid on a rainy day! PM Modi shares video https://ift.tt/2Yxq62E

Prime Minister Narendra Modi on Wednesday shared mesmerizing visuals of the iconic Sun Temple in Gujarat's Modhera. Taking to Twitter, Modi posted the video of the "splendid" view. Dedicated to the solar deity Surya, located in Modhera village of Mehsana, the temple is situated on the bank of the river Pushpavati.

New top story from Time: Meet the 14-Year-Old Girl Whose Solar-Powered Invention Is a Finalist for Prince William’s Earthshot Prize

https://ift.tt/3lOdWx7 Tell Vinisha Umashankar that your teen years pale in comparison to hers, and she is quick to remind you that everyone has a different life journey. But the 14-year-old also knows that the future looks very different for her generation if the world doesn’t act to slow global warming and the effects of climate change. Still, she’s optimistic that “collective action” of people her age will turn the tide. That’s probably why Umashankar has already been doing more than her fair share. In Tiruvannamalai, a small temple town in the southern Indian state of Tamil Nadu, she designed an ingenious solar-powered alternative for the millions of charcoal-burning ironing carts that ply the streets of India’s cities—pressing clothes for workers and families. [time-brightcove not-tgx=”true”] Her invention is now getting global recognition. Umashankar is the youngest finalist for the first Earthshot Prize, a £1 million ($1.3 million) award launched by Prince William,...