Analysis Law and Policy

Supreme Court Refuses To Hear Anti-Choice Super-PAC Appeal, Group May Now Have To Disclose Donors

Jessica Mason Pieklo

An anti-choice Super-PAC may now have to disclose its donors thanks to the Supreme Court.

On Monday the Supreme Court refused to hear the appeal of a Virginia anti-choice organization seeking exemption from campaign finance disclosure regulations, handing anti-choice and anti-transparency activist James Bopp Jr. a significant defeat.

The Real Truth About Abortion, Inc., an organization formerly called The Real Truth About Obama claims to do “issue advocacy” that amounts to constitutionally-protected free speech. Because, the group claimed, it did not expressly advocate the election or defeat of a candidate, it is not a political action committee and therefore exempt from Federal Election Commission regulations that it register as a PAC and disclose donors.

The Court declined review without comment, which will mean the appellate court decision that ruled the group was a Super PAC and therefore must register and disclose donors will stand. The group had challenged the disclosure rules generally, arguing they are unconstitutional. The suit specifically challenged the “subpart (b)” definition of “expressly advocating” (11 C.F.R. § 100.22(b)), as well as the FEC’s methodology for determining when a group has campaign activity as its “major purpose,” an important step in the larger determination of political committee status. Bopp argued the FEC’s multi-part test to assess whether a group’s “major purpose” is to engage in federal campaign activity, qualifying it as a PAC, was too vague and chilled more political speech than necessary.

But in 2011 a federal judge rejected the challenge, and in June 2012 a unanimous three-judge panel of the U.S. 4th Circuit Court of Appeals affirmed the lower court. The 4th Circuit opinion gives a strong endorsement to the commission’s methods calling them “a sensible approach to determining whether an organization qualifies for PAC status,” and more importantly “consistent with Supreme Court precedent” that “does not unlawfully deter speech.” Despite that rebuke, Bopp and The Truth About Abortion appealed anyway.

Appreciate our work?

Vote now! And help Rewire earn a bigger grant from CREDO:

VOTE NOW

The case is one of several challenging the disclosure and reporting requirements for political groups in the wake of Citizens United v. Federal Election Commission, a 2010 Supreme Court case that removed limits on what companies and unions can spend to support or oppose political candidates. Conservatives groups who oppose election transparency laws generally have hoped to make more inroads in the wake of the Citizens United decision but Monday’s result blocks, for now, those efforts and forces some sunshine into the dark world of Super-PAC electioneering.

For women’s rights advocates, the Court’s decision to deny review and allow the 4th Circuit decision stand should be encouraging. It is no coincidence that an explosion of anti-choice, anti-woman legislation really took off post-Citizens United given James Bopp Jr.’s role in advancing campaign finance secrecy on behalf of anti-choice organizations. Many of these groups thrive on misinformation campaigns financed by secret donors and shadow groups that take advantage of enormous loopholes in campaign finance disclosure laws and lax regulatory oversight to carry out their mission. Thanks to Monday’s denial, those campaigns just became harder to conduct.

News Politics

Anti-Choice Crusade Tests ACOG’s Donations to Blackburn

Christine Grimaldi

Republicans' prevailing views on abortion haven’t stopped the American Congress of Obstetricians and Gynecologists from contributing to their campaigns for U.S. Congress.

Rep. Marsha Blackburn (R-TN), the leader of the congressional crusade to undermine access to abortion care and halt fetal tissue research, received campaign funds from an unlikely donor: the political advocacy arm of the nation’s leading professional association for obstetricians and gynecologists.

Publicly available campaign finance records obtained through the Federal Election Commission reveal that the American Congress of Obstetricians and Gynecologists (ACOG) donated $2,000 to Blackburn early in the two-year 2016 federal election cycle. ACOG made the contribution through its political action committee (PAC), Ob-GynPAC, on June 30, 2015—several months before the U.S. House of Representatives voted in October to establish the so-called Select Investigative Panel on Infant Lives.

ACOG is the 501(c)(6) affiliate of the American College of Obstetricians and Gynecologists, the membership association for 57,000 such providers across the country.

ACOG supports access to abortion care based on public health and medical evidence. Any contribution to Blackburn may, at first, appear misplaced. Blackburn, a longtime abortion rights foe, has emerged in recent months as the House’s most outspoken critic of an illicit market in “baby body parts” that according to all other accounts—three prior congressional committees, 13 states, and a Texas grand jury—doesn’t exist.

An ACOG spokesperson, however, stressed that Ob-GynPAC is broader than any one issue.

“The PAC often supports candidates and elected officials whom they disagree with on one issue or another because they work with the PAC on another priority,” the spokesperson told Rewire in an email.

Appreciate our work?

Vote now! And help Rewire earn a bigger grant from CREDO:

VOTE NOW

ACOG priorities overlap with some traditionally in the GOP camp: medical liability and Medicare payment reform, health information technology, and Affordable Care Act’s Independent Payment Advisory Board, a yet-to-be-constituted oversight panel to control Medicare costs. Medical groups generally oppose the advisory board, while anti-choice advocates have framed it as a “death panel.”

“Ob-GynPAC’s goal is to achieve real solutions to the issues facing ACOG members, which happens through bipartisan cooperation,” the spokesperson said.

The vast majority of congressional Republicans outright reject public health and medical evidence on abortion and oppose abortion rights, with the measured exception of retiring Rep. Richard Hanna (R-NY), who voted in 2015 against defunding Planned Parenthood even as he supports restrictions such as the Hyde Amendment. Hanna received $5,000 from ACOG in the 2016 federal election cycle.

Republicans’ prevailing views on abortion haven’t stopped ACOG from contributing to their campaigns for the House and U.S. Senate.

ACOG split $390,500 almost evenly between Republican and Democratic candidates in the 2016 cycle, according to data from the Center for Responsive Politics. Notable exceptions include Rep. Trent Franks (R-AL), the author of misleading legislation to ban sex- and race-selective abortion care, and Rep. Chris Smith (R-NJ), perhaps the most abortion-obsessed lawmaker in Congress. Franks and Smith have not received any money since ACOG became operational in 2010, according to Center for Responsive Politics’ data.

The $2,000 contribution to Blackburn marks a retrenchment, as ACOG first gave a $3,500 campaign contribution in the 2012 election cycle. Blackburn received another $4,000 from ACOG in the 2014 cycle.

Some of Blackburn’s top campaign contributors are from the medical field. The American Medical Association, the American College of Emergency Physicians, and the American College of Radiology each gave Blackburn $10,000 in the 2016 federal election cycle, according to Center for Responsive Politics data.

Across the aisle, ACOG donated $7,500 each in the 2016 cycle to Reps. Jan Schakowsky (D-IL) and Diana DeGette (D-CO), two of Blackburn’s adversaries on the select panel. Campaign finance records show that Schakowsky, the panel’s top Democrat, received the last $2,500 of that contribution from ACOG on March 31 of this year—several weeks after Republicans drew comparisons between fetal tissue research and Nazi experimentation at the panel’s first hearing.

ACOG defended both abortion care and fetal tissue research in a March 1 letter to Blackburn and Schakowsky and later that month, reiterated support for “life-saving research” in a statement and joint letter with others from the medical, scientific, and academic communities.

Neither the panel, nor the investigation, have ACOG’s support, the group’s spokesperson told Rewire.

In July, 30 progressive and reproductive health-care groups signed a letter in a bid for House Speaker Paul Ryan (R-WI) to disband the panel.

Analysis Politics

Koch Brothers Move to Influence Congressional and State Races

Ally Boguhn

The Kochs are poised to play a momentous role in financing hundreds of candidates across the country and launching attacks on those who oppose their goals. Given their network’s penchant for funding anti-choice politicians and causes, that's something that should deeply concern reproductive rights advocates.

Over the weekend, Charles and David Koch’s network of ultra-wealthy donors and the politicians they fund convened in Colorado Springs, Colorado, to strategize about how to push their message across the countrya meeting that should signal cause for alarm for those concerned with big money in politics.

At the event, Charles Koch, joined by at least 300 donors who had each committed at least $100,000 annually to the network, reportedly outlined plans to get those with similar political ideologies elected to office and to “cultivat[e] conservative leaders at the state level,” according to the Washington Post.

During the 2012 election cycle, the Kochs’ network raised an estimated $407 million to influence races. As the Post‘s Matea Gold noted in a 2014 report, that level of funding gave the Kochs and their supporters expansive and almost unparalleled room to try to exert political influence.

As Adele Stan reported for Rewire in 2013, such influence extended in part to anti-choice groups, who received millions from Koch-connected organizations during the 2010 midterm and 2012 presidential election cycles. In addition, Koch-linked organizations gave tens of millions of dollars to candidates who were almost entirely opposed to abortion rights.

“The resources and the breadth of the organization make it singular in American politics: an operation conducted outside the campaign finance system, employing an array of groups aimed at stopping what its financiers view as government overreach,” explained Gold in another article. “Members of the coalition target different constituencies but together have mounted attacks on the new health-care law, federal spending and environmental regulations.”

In 2015 the Kochs revealed during their annual winter donor retreat that their network planned to spend up to $900 million on the 2016 election cycle, according to the New York Times—a number so high that it “would put [the network] on track to spend nearly as much as the campaigns of each party’s presidential nominee.” Conservative news outlet National Review, however, reported in May that the billionaires had intended to scale back the scope of their electoral funding, instead “steering their money and focus away from elections and toward a slew of the more intellectual, policy-oriented projects on which they have historically lavished their fortune.”

Still, the Kochs are poised to play a momentous role in financing hundreds of candidates across the country and launching attacks on those who oppose their goals. The extent of their contributions is carefully concealed by the web through which they funnel money—consisting of political action committees, issue-advocacy groups, nonprofit organizations, and the like—but what has been reported thus far offers a small glimpse into their political influence.

Though the allocated total spending was downgraded, the Koch network is nevertheless on track to spend almost $750 million this election cycle, with about $250 million going to politics and the Koch groups that work on policy issues, including Americans for Prosperity and the Freedom Partners Action Fund.

Appreciate our work?

Vote now! And help Rewire earn a bigger grant from CREDO:

VOTE NOW

“The [Koch] network is and will continue to be fully engaged in 2016’s political and policy battles. We want to maximize the number of freedom-oriented Senators,” James Davis, a spokesman for the Koch network, told the Hill in June amid news that the network was moving to spend $30 million on ad buys. “We see that on a number of issues, particularly free speech, the current majority is far preferable to the alternative.”

According to the Center for Responsive Politics’ OpenSecrets.org, which provides a comprehensive record of federal campaign contributions, the dark money group Americans for Prosperity—a 501(c)(4) that focuses on “citizen advocacy”—has spent at least $2,422,436 thus far on federal elections this cycle, investing in key Senate races in Nevada, Ohio, Pennsylvania, and Wisconsin.

Most of that money, more than $1.9 million, has been spent in Ohio to oppose the state’s former Democratic governor, Ted Strickland, in his race against incumbent Sen. Rob Portman (R). The two politicians have been locked in a tight battle for a critical seat that could help determine which party takes control of the Senate. The Koch-backed group launched a seven-figure ad buy last August focusing on Strickland’s tax policies as governor of Ohio.

Freedom Partners Action Fund, a super PAC founded by the Kochs in 2014 to which they have directly given $6 million so far this cycle, has invested even more into opposing Strickland, spending more than $9.4 million in independent expenditures, according to the Sunlight Foundation’s Influence Explorer. As was the case with Americans for Prosperity’s spending, much of that funding went directly to gigantic television and digital ad buys, again hitting Strickland’s tax policies.

In Wisconsin, Americans for Prosperity has spent $66,560 in opposition to Democratic Senate candidate Russ Feingold in his race against incumbent Republican Sen. Ron Johnson. Freedom Partners Action Fund’s spending in that same race, meanwhile, totals $2,102,645 in independent expenditures to oppose Feingold. The latter group also spent another $5,500 in support of Johnson.

However, just after Johnson spoke at the Republican National Convention in late July, Freedom Partners Action Fund pulled the $2.2 million worth of airtime they had reserved for the candidate. The ads were slated to begin airing on August 3.

James Davis, speaking on behalf of the organization, claimed the decision did not mean the group was no longer backing Johnson. “We are realigning our television advertising strategy to ensure maximum impact across key Senate races,” Davis told the Huffington Post. “We will continue direct citizen outreach through our grassroots activists, volunteer phone calls, digital media and direct mail. Last weekend alone Network grassroots organizations made almost half a million contact attempts to targeted audiences.”

Americans for Prosperity has thus far spent $63,233 in Pennsylvania’s key Senate race opposing Democratic candidate Katie McGinty, who is running against incumbent Sen. Pat Toomey (R), while Freedom Partners has spent $3,518,492 in independent expenditures doing the same.

And in Nevada, Americans for Prosperity has spent $16,074 opposing Democratic candidate Catherine Cortez Masto, who is running against Republican Rep. Joe Heck for the seat being vacated by Senate Minority Leader Harry Reid (D). Freedom Partners Action Fund has thus far spent $3,899,545 there opposing Cortez Masto. The group used much of that money pushing ads which were deemed by fact-checkers to be “mostly false,” alleging that as attorney general of the state, Cortez Masto had killed jobs by “driving” Uber out of Nevada. In truth, said Politifact, Uber only left temporarily and the ad “takes things out of context.”


Though the Kochs have seemingly failed to put much effort into House races thus far through Americans for Prosperity and the Freedom Partners Action Fund, there have been a few notable exceptions.

In early July, Americans for Prosperity geared up to launch a campaign aimed at aiding the re-election of Rep. Mike Coffman (R-CO), according to the Washington Post. The organization is reportedly not investing in paid media for the race, but it will be sending hundreds of staffers out to spread its message door to door. The Post reported that the 501(c)(4)’s goal in Colorado is to “help preserve the Republican majority by targeting districts where [Americans for Prosperity] already has staff and resources and can most efficiently affect voting outcomes, according to the group.” The group expects to spend six figures in the Colorado race.

Americans for Prosperity has already spent $62,384 thus far opposing the Democratic candidate for the House, state Sen. Morgan Carroll, in her race against Coffman.

The nonpartisan Rothenberg & Gonzales Political Report, which analyzes U.S. House, Senate, and gubernatorial campaigns, rates the Colorado 6th Congressional District as a toss-up, though it leans Republican.

Earlier in the year, Americans for Prosperity also spent $190,973 to defeat Rep. Renee Ellmers (R-NC) in her failed bid for re-election. Ellmers lost her primary race for North Carolina’s 2nd Congressional District in early June to her Republican colleague Rep. George Holding after redistricting in the state led the two to run against each other. Her defeat came amid targeting from anti-choice groups looking to unseat the representative despite her opposition to abortion, for reportedly speaking out against language in the House of Representatives’ 2015 20-week abortion ban that would have required rape victims to formally report their assault to police in order to be exempted from the law.

Koch Industries Inc. Political Action Committee (KOCHPAC), the political action committee for Koch companies, has invested almost all of its $1,209,900 in contributions to House Republican candidates. In total, the PAC has given $1,050,900 to 165 Republicans running for House seats and $8,500 to Democrats. The group has also given a total of $181,500 to 23 different Republicans running for the Senate, including Sen. Kelly Ayotte (NH), Sen. Marco Rubio (FL), Sen. Rand Paul (KY), Sen. Roy Blunt (MO), and Sen. Mike Lee (UT).

What was outlined above is probably just the tip of the iceberg. In addition to other Koch-connected groups not listed here, there are likely also other forms of spending by the groups discussed that has gone undisclosed.

Take, for example, some of the Kochs’ state-level work. As the Brennan Center for Justice explained in a recent report on money in politics, “it is at the state and local levels that secret spending is arguably at its most damaging,” and that is where the Kochs are now shifting some of their attention.

Though “dark money” 501(c)(4) groups, including Americans for Prosperity, are not required to disclose all of their spending, media reports indicate that the organization’s affiliates are investing in local races. According to the Brennan Center’s analysis of six states with available spending data, “on average, only 29 percent of outside spending was fully transparent in 2014 in the states we examined, sharply down from 76 percent in 2006.”  Yet, the report notes, “dark money surged in these states by 38 times on average between 2006 and 2014.”

Exact numbers may be elusive, but there is no doubt the Kochs will have major influence on the 2016 election cycle. According to Rewire‘s analysis, spending from just three of the key Koch groupsFreedom Partners Action Fund, Americans for Prosperity, and KOCHPAChas already occurred in congressional races in 43 states across the country. Given the network’s penchant for funding anti-choice politicians and causes, that’s something that should deeply concern reproductive rights advocates.

credo_rewire_vote_3

Vote for Rewire and Help Us Earn Money

Rewire is in the running for a CREDO Mobile grant. More votes for Rewire means more CREDO grant money to support our work. Please take a few seconds to help us out!

VOTE!

Thank you for supporting our work!