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

SFMTA to Replace All Parking Meters in the City

SFMTA to Replace All Parking Meters in the City By Jessie Liang San Franciscans will see new parking meters on city streets beginning in early March 2022. Staff from the SFMTA’s Parking Meter Shop will replace the meters at all the nearly 27,000 paid parking spaces in the city because those meters have reached the end of their useful lives, and because many of the meters rely on 3G communications technology that soon will be phased out by the wireless companies. The first new meters will be installed in the South of Market and Mission Bay neighborhoods.  SFMTA staff will provide notices on vehicle windshields when the new meters are activated.  The new meters will provide several benefits, including larger and more legible screens, more intuitive user interface, more powerful batteries, and more resistance to vandalism.   The following neighborhoods will move to a pay-by-license-plate system with new paystations. South Beach SoMa Mission Bay Civic Center H...

New top story from Time: John le Carré’s Silverview Is Not the Defining Final Chapter of a Literary Career

https://ift.tt/3BMuXOI When John le Carré died last December, his obituarists struck a common theme: here was a master spy novelist who, despite selling millions of books and having his work adapted for television and film , never received the recognition he deserved as a literary giant. Over six decades, le Carré drew upon his brief career in British intelligence to chronicle the decline of the U.K. as a global power and critique what he saw as an arrogant and corrupt Western neo-imperialism, typically through the perspective of those in the “secret world” of spying. His archetypal heroes were not James Bonds or Jack Reachers but often disillusioned men driven by moral values they are not certain they still believe in. What compels people to serve their country, or betray it, was a consistent theme in his work. [time-brightcove not-tgx=”true”] But just as Graham Greene —another former spy turned novelist—divided his work into “entertainments” and serious fare, so can one...

New top story from Time: Ireland Abandons 12.5% Tax Pledge as Global Deal Races to Finish

https://ift.tt/3iFmrts Ireland is ready to sign up to a proposed global agreement for a minimum tax on companies, a climbdown that removes one hurdle to an unprecedented deal that would reshape the landscape for multinationals. On the eve of a key meeting between 140 countries hosted by the Organization for Economic Cooperation and Development, the Irish government said it will join the push for a floor of 15% levied on profits of corporate entities. “This agreement is a balance between our tax competitiveness and our broader place in the world,” Irish Finance Minister Paschal Donohoe said in a statement Thursday evening announcing the pledge. The decision “will ensure that Ireland is part of the solution in respect to the future international tax framework.” [time-brightcove not-tgx=”true”] The rate agreed is 2.5 percentage points higher than the longstanding level that has been a pillar of Ireland’s economic model for a generation, underscoring its huge symbolic signifi...

New top story from Time: The World’s First Malaria Vaccine—and What it Means for the Future of Pandemic Response

https://ift.tt/3uQFdD3 On Oct. 6, the World Health Organization recommended use of the first vaccine to fight malaria . The decision is momentous and highly anticipated for many reasons: among them is that this is the first vaccine to help reduce the risk of deadly severe malaria in young children in Sub-Saharan Africa, where the disease remains a leading killer. The vaccine offers hope that there can be a circle of learning from one pandemic to the next. Malaria, our oldest pandemic, may offer insights on how we can survive contemporary scourges like COVID-19. Malaria evolved at least 2.5 million years ago and first infected humans in rural parts of Africa. It then spread to all continents save Antarctica—notably, killing off armies ranging from those trying to conquer ancient Rome to those battling to control the Pacific in World War II. Malaria, according to historians, may have killed more people than any other pandemic. [time-brightcove not-tgx=”true”] Malaria changed ...

BRT Service on Van Ness to Begin Tomorrow

BRT Service on Van Ness to Begin Tomorrow By Jiaying Yu Tomorrow, April 1, we will cut the ribbon on San Francisco’s first Bus Rapid Transit (BRT) corridor on Van Ness Avenue. The public is invited to join and celebrate this historic moment in front of the War Memorial. The ribbon-cutting will include speeches from local and state leaders, performances from local musicians and giveaways. After the ribbon is cut, there will be an inaugural ride on the new Van Ness BRT corridor to North Point where the celebration continues with live music.    BRT service on Van Ness is part of Muni’s Rapid Network, which prioritizes frequency and reliability for customers. Muni and Golden Gate Transit customers are expected to experience 32% shorter travel times. With dedicated transit lanes in the middle of the road, enhanced traffic signals with Transit Signal Priority and new platforms and shelters, the Van Ness BRT corridor will be the fastest way to travel north-south in this part of...

New top story from Time: The Pandemic Revealed How Much We Hate Our Jobs. Now We Have a Chance to Reinvent Work

https://ift.tt/3bYZ8rf Until last March, Kari and Britt Altizer of Richmond, Va., put in long hours at work, she in life insurance sales and he as a restaurant manager, to support their young family. Their lives were frenetic, their schedules controlled by their jobs. Then the pandemic shutdown hit, and they, like millions of others, found their world upended. Britt was briefly furloughed. Kari, 31, had to quit to care for their infant son. A native of Peru, she hoped to find remote work as a Spanish translator. When that didn’t pan out, she took a part-time sales job with a cleaning service that allowed her to take her son to the office. But as the baby grew into a toddler, that wasn’t feasible, either. Meanwhile, the furlough prompted her husband, 30, to reassess his own career. “I did some soul searching. During the time I was home, I was gardening and really loving life,” says Britt, who grew up on a farm and studied environmental science in college. “I realized working o...

FOX NEWS: Top baby names list for 2021 reveals familiar trends For the second year in a row, these two names are the most popular for girls and boys – leading BabyCenter's Top 100 Baby Names list.

Top baby names list for 2021 reveals familiar trends For the second year in a row, these two names are the most popular for girls and boys – leading BabyCenter's Top 100 Baby Names list. via FOX NEWS https://ift.tt/pTk7rtZRQ

FOX NEWS: College student sheds 100 pounds after years of dedication: 'The greatest accomplishment' Lori Odegaard, 24, from Fargo, North Dakota, tells Fox News about her incredible weight loss journey.

College student sheds 100 pounds after years of dedication: 'The greatest accomplishment' Lori Odegaard, 24, from Fargo, North Dakota, tells Fox News about her incredible weight loss journey. via FOX NEWS https://ift.tt/6S8knsb

FOX NEWS: College student sheds 100 pounds after years of dedication: 'The greatest accomplishment' Lori Odegaard, 24, from Fargo, North Dakota, tells Fox News about her incredible weight loss journey.

College student sheds 100 pounds after years of dedication: 'The greatest accomplishment' Lori Odegaard, 24, from Fargo, North Dakota, tells Fox News about her incredible weight loss journey. via FOX NEWS https://ift.tt/3weu1AS

Gene Henderson: Honoring Muni’s First Black Division Manager

Gene Henderson: Honoring Muni’s First Black Division Manager By Jeremy Menzies In recognition of Black History Month, we bring you the story of Gene Henderson, the first Black man to become the head of a Muni bus division, Muni’s Kirkland Division. Henderson’s Background Gene Henderson was born in Houston, Texas, in 1916. He married his wife Naomi in 1939 and then served in the U.S. Army during World War II. Following the war, Gene and his family moved to San Francisco where he began his career at the San Francisco Municipal Railway. Early Career On February 1, 1946, Henderson was hired as a streetcar motorman out of Sutro Division, which was located on the corner of 32nd Ave. and Clement St. He was hired just five years after Muni’s first Black transit operator, Audley Cole, had successfully fought to integrate the carmen’s union in 1941. In his early days at Muni, Gene worked one of the three lines running out of Sutro Division from the Ferry Building to the Richmond District o...