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U.S. Supreme Court To Hear Donor Disclosure Cases, The NonProfit Times

Posted Jan 26, 2021

Based on an interview San Francisco partner Louie Castoria did with Mark Hrywna, The NonProfit Times published this article on the TMLC case.

After winding its way through California courts during the past half-decade or more, a case involving donor disclosure requirements ultimately will be heard by the U.S. Supreme Court this spring.

The nation’s top court consolidated two cases brought against the California Attorney General by the Thomas More Law Center and Americans for Prosperity Foundation. The Supreme Court granted certiorari in Thomas More Law Center v. Becerra (Docket No. 19-255) on Jan. 8.

Louis Castoria, a partner at Kaufman Dolowich & Voluck, LLP in San Francisco who represents the Ann Arbor, Mich.-based law center, believes there will be a spring oral argument date this session, potentially on the calendar by April. John Bursch, senior counsel and vice president of Appellate Advocacy at The Alliance for Freedom, will argue the case before the Supreme Court, with Castoria as co-counsel.

The U.S. Court of Appeals for the Ninth Circuit ruled in September 2018 that the donor reporting requirement does not violate the First Amendment. In response, the Arlington, Va.-based Americans for Prosperity Foundation and the Thomas More Law Center filed petitions for writs of certiorari in August 2019, requesting that the Supreme Court review that decision.

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