A Break Down of the SCOTUS Oral Argument on First Amendment Right to Privacy in Association

April 30, 2021

Wiley’s Lee Goodman, Andrew Woodson, and Jeremy Broggi break down the U.S. Supreme Court’s April 26 oral arguments in two cases: Americans for Prosperity Foundation v. Bonta and Thomas More Law Center v. Bonta. The cases present First Amendment challenges to a California Attorney General (AG) rule requiring all non-profit organizations to turn over to the California AG their donor lists in the form of their IRS Schedule B’s as a condition of their charitable registration in the state. Wiley filed amicus briefs on behalf of the U.S. Chamber of Commerce and the American Legislative Exchange Council. Lee, Andrew, and Jeremy discuss the central legal issues in this case, the two amicus briefs that Wiley filed, takeaways from the oral argument, and the likely paths that the court might take.