What cause could ever possibly unite Christian Right activists, the Council on American-Islamic Relations, the Zionist Organization, "pro-family," "pro-life," "pro-choice" and gun-rights lobbies, Mitch McConnell, the American Civil Liberties Union, Chamber of Commerce, Judicial Watch, NAACP, People for the Ethical Treatment of Animals, Planned Parenthood, Southern Poverty Law Center, Columbia University's First Amendment institute and religious-liberty advocates?
Answer: These and many more are allied in the Americans for Prosperity Foundation v. Becerra case (#19-251), which the U.S. Supreme Court put on its upcoming docket January 8.
Yes, that Becerra is Xavier, as in President Biden's controversial pick for secretary of Health and Human Services, acting in his previous role as California's attorney general. Moreover, this situation implicates the track record of his predecessor as A.G., Kamala Harris — now U.S. vice president and a major 2024 presidential prospect.
At issue is "donor privacy." Non-profit groups cannot operate or raise money in the state of California unless they give its attorney general the names and addresses of their major donors, the same list that's required as an appendix to their federal IRS returns. The non-profits argue that this violates their right to freedom of association under the Constitution's First Amendment.
Obviously this is something for alert media eyes, including pros on the religion beat.
Adding to news interest, this case displays contrasting beliefs of the U.S. Department of Justice in its Trump Administration brief filed last November (.pdf here) versus its revised stance under the new Biden Administration (.pdf here). The Trump brief strongly backs non-profit interest groups. The Biden brief dodges the question and asks the court to bounce the case for further investigation.
Religion specialists note: The Supreme Court consolidated the Americans for Prosperity case, raised by the libertarian political foundation established by the Koch brothers, with a second appeal from the Thomas More Law Center. This second agency provides free legal representation for "people of faith" to uphold "the religious freedom of Christians, time-honored family values and the sanctity of human life."