Saturday, January 9, 2021

Supreme Court Grants Cert in California Donor Disclosure Cases

DownloadThe Supreme Court of the United States agreed yesterday to hear two cases challenging a California law that requires charities to share the donor information reported to the IRS with state authorities, subject to those authorities keeping the information confidential. The cases are Americans for Prosperity v. Becerra and Thomas More Law Center v. Becerra. The Court consolidated the cases, with one hour of oral argument total.

The question presented by the petition a write of certiorari in the first case is:

Whether the exacting scrutiny this Court has long required of laws that abridge the freedoms of speech and association outside the election context—as called for by NAACP v. Alabama ex rel. Patterson, 357 U.S.
449 (1958), and its progeny—can be satisfied absent any showing that a blanket governmental demand for the individual identities and addresses of major donors to private nonprofit organizations is narrowly tailored to an asserted law-enforcement interest.

The questions presented by the petition a write of certiorari in the second case are:

1. Whether exacting scrutiny or strict scrutiny applies to disclosure requirements that burden nonelectoral, expressive association rights.
2. Whether California’s disclosure requirement violates charities’ and their donors’ freedom of association and speech facially or as applied to the Law Center.

The Court did not announce a decision with respect to a third case involving the same law (Institute for Free Speech v. Becerra). If the Court decided not to hear that case, it is expected to issue an order to that effect on Monday.

For more details, follow the links provided above to the SCOTUSblog pages for the cases. 

Lloyd Mayer

https://lawprofessors.typepad.com/nonprofit/2021/01/supreme-court-grants-cert-in-california-donor-disclosure-cases.html

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