John Bursch of Alliance Defending Freedom discusses a Supreme Court case challenging California's requirement that charities disclose their donors. The state's rule violates free speech and free association, especially since the government has leaked donor information. ADF argues the case protects religious liberty and conservative causes from retaliation.
You know, I divide good people into 3 groups: those who fight, those who help the fighters, and those who do nothing. Those who do nothing is always the largest, and I always add that those who help the fighters are just as important as the fighters. And what they just want— they just want you to be aware of what they're doing. That's what I'm— I'm not even asking you for money. adflegal.org/Dennis. ADF, that's Alliance Defending Freedom. Legal.org/dennis or call 855-649-2020. 649-2020. Final question, John, and what that is, what has happened? I'm talking to John Bursch about the Supreme Court case the ADF is handling, and that is the left, the attempt to force all groups to reveal the names of donors, which might sound nice on the face of it, but of course we all know the reason— so that they can crush the livelihoods and reputations of those who donate to conservative causes. It's— that's the entirety, and that's the reason. So how has this winded its way to the Supreme Court?
While we're— lower court decisions Well, after a 4-day trial in the district court, the district court ruled in favor of the Thomas More Law Center and granted a permanent injunction against California's blanket disclosure rule for charitable organizations and their donor lists. That went up to the Ninth Circuit Court of Appeals, which reversed, and then the U.S. Supreme Court agreed to hear the case in January. So we're likely to have oral arguments in April and a decision by the end of June.
Oh, well, the second I heard the word "9th," I knew the result.
They do not have the best track record. And again, our position is pretty straightforward, that you can't force someone to give up their donors, particularly when you're an organization like the California Attorney General's Office, which leaks that information like a sieve, according to the trial court, because that violates the free association and free speech rights of the donors as well as the charitable organization. and no one should be engaging in any government conduct that takes away supporters from a group like Thomas More Law Center, which is defending religious freedom.
What was the vote in the Ninth Circuit? What was the number? How did the numbers go?
The panel decision was 3-0 unanimously for California, and then Thomas More sought rehearing en banc, you know, in front of a larger group of the Ninth Circuit judges, and 5 of them did dissent vociferously to say that the U.S. Supreme Court had to take this case in order to restore the undisputed First Amendment right of free speech. Um, I believe it was 11 in that at that point. Um, well, there's a lot more Ninth Circuit judges than that, um, but they don't all sit for rehearing en banc because there's just too many of them. It's the only circuit that does that.
So the en banc vote was 6-5?
Don't quote me on that, but I believe it was pretty close.
Well, I hope you win. Obviously, I hope you win at the Supreme Court. I'm guardedly optimistic. Anyway, thank you for your work.
Yeah, we are too. And yeah, this is part of a broader Stand for Freedom campaign that Alliance Defending Freedom has.
That's right.
To really push back on this administration and the House and the Senate, the US Congress, which are looking to restrict religious liberty and family values and to destroy the Second Amendment. The sanctity of life in a variety of contexts. And so we urge all of your listeners to go to our website, given the address, adflegal.org/Dennis, to learn more about this and the other cases that we have to protect American freedom and liberty.
John, thank you for all you do. This is a great example of you're helping just by visiting the site, okay? Please know that. adflegal.org/Dennis. Can you imagine if all the donors of every organization that's obviously pro-life, and you'll see big ads, these people hate women. By the way, more women are anti-abortion than men. That's the irony here. Never, never— growing up in this country, I was saying this to my producer, aka the Living Martyr, aka Alan Estrin, aka— you have any other known as? Only something you come up with. Unless I come up with it.
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