Whitehouse Pushes Justice Dept. to Support Controversial Donor Disclosure Rule

Sen. Sheldon Whitehouse (D., R.I.) and a group of Democratic lawmakers are urging the Justice Department to buck tradition and withdraw the Trump administration-backed challenge to a controversial California rule that would require charities to disclose their donors to the state’s attorney general.

Critics say the rule, which is currently before the Supreme Court, would allow the state government to violate the First Amendment rights of charities and donors alike.

Solicitors general seldom change sides in Supreme Court cases after a change in the administration. Whitehouse's letter represents unwelcome political pressure as Biden's Justice Department seeks to course-correct from the Trump years without making waves before the High Court.

The Americans for Prosperity Foundation has led the legal challenge to the California policy, claiming it chills speech, association, and donor contributions. Though the state purports to shield contributor information that it receives, a federal trial court found that state officials "systematically failed to maintain their confidentiality."