Supreme Court ‘ethics’ group may have concealed lobbying, experts suggest.
EXCLUSIVE: Supreme Court Advocacy Group Accused of Violating Lobbying Laws
A Supreme Court advocacy group, Fix the Court, is facing allegations of violating federal lobbying laws while demanding greater transparency from justices, including Clarence Thomas and Samuel Alito. Experts suggest that the group failed to disclose its own apparent lobbying activities, potentially undermining its credibility as a watchdog organization.
Fix the Court, formerly a project of the New Venture Fund, has been leading a coordinated campaign to push for more financial disclosure from Supreme Court justices. However, tax lawyers have pointed out that the organization itself may have engaged in grassroots lobbying without reporting it on their financial disclosures.
Transparency Questions Surround Fix the Court
The failure to disclose lobbying activities could raise questions about Fix the Court’s commitment to transparency. In a recent incident, the group’s Executive Director, Gabe Roth, accidentally leaked the names of their donors, which included liberal entities. Despite this, Senate Democrats have supported a bill called the Supreme Court Ethics, Recusal, and Transparency Act, which Fix the Court endorses.
Senate Republicans have accused Fix the Court of hypocrisy, as the organization has criticized justices for not reporting financial matters while failing to disclose their own lobbying activities. The Washington Examiner discovered multiple instances where Fix the Court urged the public to demand certain measures, which experts believe could be considered grassroots lobbying.
Potential Penalties and Loss of Tax-Exempt Status
Experts warn that Fix the Court could face penalties from the IRS if it is found to have failed to report its lobbying activities. Charities that engage in excessive lobbying may also risk losing their tax-exempt status. Tax lawyers have identified several calls to action by Fix the Court that appear to constitute grassroots lobbying, including advocating for free court filings and endorsing measures like the Open Courts Act and the Cameras in the Courtroom Act.
Despite being cited by Democratic lawmakers and media outlets as a leading voice for increased disclosure requirements, Fix the Court’s website has several broken links. Additionally, some of the organization’s posts redirect to an error message hosted by NGP VAN, a web hosting service provider for the Democratic Party.
Scott Walter, president of the conservative investigative think tank Capital Research Center, criticized Fix the Court as a “cheap, partisan operation” and called on fellow Democrats to stop citing the group as a legitimate source on ethics.
Fix the Court did not respond to requests for comment.
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