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

FOX NEWS: Pulled pork potato chip nachos: Try the recipe The inspiration for this next-level recipe started innocently enough. The result? Genius.

Pulled pork potato chip nachos: Try the recipe The inspiration for this next-level recipe started innocently enough. The result? Genius. via FOX NEWS https://ift.tt/3lsRfQ5

Telangana man pretending to be 'sadhu' rapes minor; thrashed by locals https://ift.tt/2IkpJmI

A 14-year-old girl was allegedly sexually assaulted by a man under the pretext of performing exorcism in Nizamabad district in Telangana, police said on Tuesday. As the news surfaced, a group of enraged women activists barged into the office of the man, who also reportedly runs a local newspaper, and thrashed him.

New top story from Time: At Thanksgiving, Biden Seeks Unity as Trump Stokes Fading Embers of a Campaign

https://ift.tt/3q4cU1i WILMINGTON, Del. — On a day of grace and grievance, President-elect Joe Biden summoned Americans to join in common purpose against the coronavirus pandemic and their political divisions while the man he will replace stoked the fading embers of his campaign to “turn the election over.” Biden, in a Thanksgiving-eve address to the nation, put the surging pandemic front and center, pledging to tap the “vast powers” of the federal government and to “change the course of the disease” once in office. But for that to work, he said, Americans must step up for their own safety and that of their fellow citizens. “I know the country has grown weary of the fight,” Biden said Wednesday. “We need to remember we’re at war with the virus, not with one another. Not with each other.” President Donald Trump, who has scarcely mentioned the pandemic in recent days even as it has achieved record heights, remained fixated on his election defeat. He sent his lawyer Rudy ...

SpaceX's Dragon with two astronauts successfully docks with International Space Station With test pilots Doug Hurley and Bob Behnken poised to take over manual control if necessary, the SpaceX Dragon capsule pulled up to the station and docked automatically, no assistance needed

With test pilots Doug Hurley and Bob Behnken poised to take over manual control if necessary, the SpaceX Dragon capsule pulled up to the station and docked automatically, no assistance needed from Livemint - Science https://ift.tt/3cge95r https://ift.tt/eA8V8J

New top story from Time: RushTok Is a Mesmerizing Viral Trend. It Also Amplifies Sororities’ Problems With Racism

https://ift.tt/3iZ1hHp While what goes into the curation of every TikTok user’s For You page remains a mystery , one thing has become clear—content from University of Alabama students vying for a spot at the school’s sororities has dominated the app over the last week. This trend, dubbed “RushTok” by TikTok netizens, started when sorority hopefuls began making videos of themselves and what they were wearing for “Bama Rush,” University of Alabama’s Greek recruitment week. The formula for a RushTok video is simple yet mesmerizing: state the rush day and the activity, and then name the brand of every item of clothing and accessory you’re sporting. Typical Bama Rush TikTok videos share common characteristics, including a bevy of blondes with Southern accents, hashtags of the school’s call, “Roll Tide,” and a widespread affinity for brands like Michael Kors, Shein, Steve Madden and Kendra Scott. [time-brightcove not-tgx=”true”] Perhaps it should come as no surprise that the vide...

New top story from Time: After Its Deployment in Upstate New York, Residents Raise Concerns Over Gun Violence Task Force

https://ift.tt/375f9sG In the midst of nationwide calls to move away from age-old police tactics towards incorporating more community-led responses to gun violence, one U.S. Attorney’s decision to form a task force—with the goal of taking “proactive” measures to address gun violence in two cities in New York—has drawn criticism from local residents. James P. Kennedy Jr., U.S. Attorney for the Western District of New York, announced the formation of the Violence Prevention and Elimination Response (VIPER) task force on July 7, intended to combat a recent surge of gun violence in Rochester and Buffalo, NY. Combining the work of city, state and federal agencies, VIPER’s focus is to get high-level and well-known gun offenders off the cities’ streets, Kennedy said. [time-brightcove not-tgx=”true”] Similar federal-led initiatives are rolling out across other cities in the country. Last week, the Department of Justice launched a series of firearms trafficking strike forces in “fi...

New top story from Time: COVID-19 Deaths Eclipse 700,000 in U.S. as Delta Variant Rages

https://ift.tt/3uzWYGB It’s a milestone that by all accounts didn’t have to happen this soon. The U.S. death toll from COVID-19 eclipsed 700,000 late Friday — a number greater than the population of Boston. The last 100,000 deaths occurred during a time when vaccines — which overwhelmingly prevent deaths, hospitalizations and serious illness — were available to any American over the age of 12. The milestone is deeply frustrating to doctors, public health officials and the American public, who watched a pandemic that had been easing earlier in the summer take a dark turn. Tens of millions of Americans have refused to get vaccinated, allowing the highly contagious delta variant to tear through the country and send the death toll from 600,000 to 700,000 in 3 1/2 months. [time-brightcove not-tgx=”true”] Florida suffered by far the most death of any state during that period, with the virus killing about 17,000 residents since the middle of June. Texas was second with 13,000 dea...

New top story from Time: Joe Biden Is Unmatched as America’s Grief Counselor

https://ift.tt/2PsVMnO This article is part of the The DC Brief, TIME’s politics newsletter. Sign up here to get stories like this sent to your inbox every weekday. It was a few days before Christmas 2019 and Joe Biden was lingering after a campaign stop in Ottumwa, Iowa. He had been a consistent fourth-place contender in recent weeks’ polls in the lead-off state, his campaign bus looked to be skidding toward the caucuses without a steady hand on the wheel and most of the political oxygen was being huffed by what we now know was just the first impeachment of Donald Trump. But Biden was stubbornly holding out hope, his aides were trying to project calm and most of the reporters in the back of the barns, bingo halls and busses were filling notebooks with color for the What Went Wrong? stories we had all been sketching in our minds. But there in Ottumwa, when a woman went up to him after his Dec. 21 meeting and started to tell him about her 9-year-old daughter’s unsucces...

New top story from Time: Why It’s Crucial to Talk to Kids About Gender Pronouns

https://ift.tt/3fKr8kO It’s only been a week since Katherine Locke’s newest book was published, and they’ve already received messages from parents of trans and nonbinary children saying how much it spoke to them. The book, What Are Your Words? , tells the story of a kid named Ari, who is gender fluid and nonbinary and tries out different pronouns depending on how they feel on different days. Aimed at readers aged 4 to 8, the book follows Ari and his nonbinary uncle Lior as they try to figure out what words fit them. “I certainly didn’t grow up talking about pronouns that weren’t she/her, he/him, and I didn’t know how to have these conversations either,” says Locke, who released their first picture book last November and has previously written novels for young adults and adults. “It’s been really gratifying to see people embrace the book and its concepts.” [time-brightcove not-tgx=”true”] With colorful illustrations by Anne Passchier, the book emphasizes that pronouns are...

UK Covid strain 70% more infectious, could have entered India before December: Randeep Guleria https://ift.tt/3hvgb5H

It is possible that the new UK strain of coronavirus could have entered our country even before December, AIIMS director Randeep Guleria has said as he underlined that the mutant strain was first reported in Britain in September. Speaking to news agency ANI, Guleria said that the new Covid-19 strain is "more infectious" and is a matter of concern. According to him, it is 70 per cent more infectious than the existing disease.