SCOTUSblog: Three new cases, a Breyer dissent and a summary affirmance
By Amy Howe
The justices issued a one-sentence order of their own today in the case of Independence Institute, a Colorado nonprofit that “conducts research and educates the public concerning various aspects of public policy, including taxation, education, health care, and criminal justice.” The institute wanted to run an ad in support of a bill that would give federal judges discretion when sentencing non-violent offenders. But because the ad mentioned the name of one sitting senator who was up for re-election soon, it would qualify as an “electioneering communication.” That designation would in turn trigger a requirement for the group to file reports with the Federal Election Commission that would, among other things, disclose the group’s major donors. The Independence Institute objected to the disclosure requirement, arguing that it violates the First Amendment.
