I'll be listening to the Supreme Court's argument in the AFP case, which may have major implications for the constitutionality of campaign finance disclosure laws. Listen here: https://www.c-span.org/video/?510032-1/supreme-court-oral-argument-californias-charitable-donor-disclosure-requirement-free-association&live
CJ Roberts out of the bat suggests skepticism of moving this analysis to "strict scrutiny." But in McCutcheon case, Roberts affirmed but redefined exacting scrutiny in contributions context to make it closer to strict scrutiny.
The level of scrutiny matters a lot because the stricter the scrutiny, the more likely the courts will strike down the law as an unconstitutional infringement on rights.
Did not expect a Justice Thomas hypothetical to involve a charity that provides dog beds or helps stray puppies. His vote is not in doubt. He thinks disclosure laws almost always violate the Constitution.
Justice Breyer addresses the 800-pound-gorilla in this case. If disclosure is unconstitutional in this case, it will threaten the constitutionality of major campaign finance disclosure rules which prevent corruption and provide voters with key information.
You can follow @rickhasen.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: