I’m glad that you appear to agree with me that there is no obvious basis for believing the Supreme Court would surely rule the current “no partisan politicking” rule unconstitutional. Of course, I don’t want to see a “fix” of this non-existent problem by Congress either.
I just wanted to respond to one point you made about unions. Congress has decided that unions (as well as some veterans’ organizations) can be tax-exempt and still engage in some partisan activities. However, Congress has also decided that most tax-exempt groups will be placed in the category of a 501 (c) (3) organization–all of which are treated identically. For them, there is a complete bar on partisan politicking because they all are supposed to have as their principal purpose educational, religious, or charitable activities. This seems completely rational to me. Jay, if you want to stop unions from having a dues exemption, you’ll have to take it up with Congress.
posted October 1, 2008 at 3:40 pm
at a more pragmatic level, why would any faith leader want to cause a split in his congregation over secular, non-faith issues? this whole argument arguing for the rights of a faith leader to endorse a candidate may be interesting to Mr. Sekulow in an abstract, legal construct sort of way, but pragmatically it seems absurd to me. But then i have seen many congregations go thru internal struggles that have left the individual congregation battered and weakened and distracted for years. I think fundamentally, all groups, religious and secular, would be far more helpful generally at working towards inclusion and banding together, rather than tribalizing, of the American people. And fortunately for me, i think the Bill of Rights recognized that as a core value of our society as well.
posted September 8, 2009 at 9:32 pm
There is no agreement that “there is no obvious basis for believing the Supreme Court would surely rule the current ‘no partisan politicking’ rule unconstitutional.” Dr. Jay just stated that he doubted that this issue would ever make it up to the Supreme Court since the Supreme Court only hears less than five percent of the cases that are actually filed.