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SCOTUS judgements kamala harris The U.S. Supreme Court (SCOTUS) on Thursday sided with the Americans For Prosperity Foundation (AFP) against Acting California Attorney General Matthew Rodriguez in favor of keeping non-profit donor records private, smacking down a measure pushed by Vice President Kamala Harris that conservatives feared could be used to target them.
Chief Justice John Roberts wrote for the majority in a 6-3 decision that California’s disclosure requirement is invalid because it burdens donors’ First Amendment rights and is not narrowly tailored to an important government interest.
While Vice President Kamala Harris was still Attorney General of California, she sent a letter to AFP in 2013 asking the non-profit to send Schedule B forms to disclose its largest donors. A Schedule B is a highly confidential form that lists the names and addresses of a charity’s major donors—including those who live outside of California, according to the Cato Institute.
AFP declined to send the forms, saying doing so would dissuade people from donating and would violate the First Amendment.
Xavier Becerra took over as Attorney General for Harris, but was soon succeeded by Matthew Rodriguez when he became United States Secretary of Health and Human Services. In the case, Rodriguez alleged that the Attorney General’s Office began asking for Schedule B forms in 2010— in the same way the Internal Revenue Service does — to fight charitable fraud and self-dealing.
They further claimed they were not asking for Schedule B forms as a way to target people or publicly out individuals for supporting causes, according to court documents.
AFP, which is a conservative organization, cited an incident in which California released 1,800 Schedule B forms to the public, despite the state’s confidentiality law.
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AFP further argued the Attorney General’s Office had only used Schedule B forms five times for investigations. Instead, AFP said the AG should behave the way 47 other states do and subpoena non-profits for records during an investigation, according to court briefings.
A trial-court ruled in favor of AFP before the decision was reversed in the U.S. Court of Appeals for the Ninth Circuit. The Supreme Court reversed the Ninth Circuit’s ruling, saying […]
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