Tuesday, November 2, 2010
Last March the U.S. Court of Appeals for the District of Columbia ruled in SpeechNow.org v. FEC that a section 527 organization could be subject to the organizational and disclosure requirements imposed on political committees or PACs under federal election law, even in the wake of the Supreme Court's Citizens United v. FEC decision. Yesterday the Supreme Court denied certiorari in this case (under the name Keating, et al. v. FEC, No. 10-145), even though the petitioners had argued that the D.C. Circuit's holding conflicted with Citizens United. Combined with the 8-1 vote in Citizens United upholding the disclosure requirements imposed on the section 501(c)(4) organizations involved in that case, this cert denial indicates that at least for the moment the Supreme Court is going to pass on reviewing existed disclosure requirements imposed on politically involved nonprofit organizations.