Supreme Court Hands Obama Major Setback

Be forewarned: The Obama administration will likely put together a vindictive response to Thursday’s Supreme Court ruling in McCutcheon v. Federal Election Commission.

The Supreme Court’s decision to lift restrictions on campaign contribution caps will cause the Obama administration to seek new ways to cripple its political adversaries. We expect the Court’s decision to provoke the administration to step up their attacks against conservative nonprofit 501(c)(4) corporations like Liberty Counsel Action.

Last week, in an important ruling, the Supreme Court overturned federal limits on the overall campaign contributions individual donors can give to candidates, political parties, and political action committees.

By a 5-4 vote, the limits were ruled unconstitutional because they violate the Constitution’s protections for free speech. The federal laws were originally intended to prevent the “buying” of a congressional seat.

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In writing the majority opinion, Chief Justice John Roberts said that while the intentions of the law were reasonable, the law itself violated the Constitution:

They instead intrude without justification on a citizen’s ability to exercise the most fundamental First Amendment activities.irswar-stairs-fb

The government has a strong interest, no less critical to our democratic system, in combating corruption and its appearance. We have, however, held that this interest must be limited to a specific kind of corruption – quid pro quo corruption – in order to ensure that the government’s efforts do not have the effect of restricting the First Amendment right of citizens to choose who shall govern them.

This ruling will not set well with the Obama administration.

In 2009, in the Citizen’s United vs. Federal Election Commission case, the U.S. Supreme Court caught the Obama administration off guard, which was not to the Campaigner-in-Chief’s liking.

When the Citizen’s United case was handed down, the administration began working behind the scenes to politicize the IRS and use it as a club to squash their adversaries.

In Citizen’s United, the Supreme Court ruled that nonprofit 501(c)(4) corporations, like Liberty Counsel Action, FRC Action, AFA Action and many other Christian and conservative groups have the constitutional right under the First Amendment to spend money to support or denounce individual candidates in an election, as long as they don’t give money directly to campaigns.

This was apparently too much for the Obama White House to stomach and the President and his attack team immediately went to no-holds-barred war footing. You may recall how the President lashed out directly at the Supreme Court Justices over the Citizens United decision during the State of the Union Address in 2010.

We now know that the IRS targeted conservative and Tea Party groups to harass, delay, and deny their applications to operate as non-profit organizations as early as 2010, not long after the Citizen’s United ruling.

We also know the results of this covert operation – conservative organizations are still complaining that their applications are being withheld for periods of a year or longer.

The proposed IRS regulations would codify the targeting of Barack Obama’s political opponents.

Just before the 2013 Thanksgiving congressional recess, IRS officials quietly proposed new regulations that would make permanent the illegal, discriminatory practices that had been carried out under cover in 2012 and before.

Now, unless Congress acts quickly to block them, new IRS regulations will deliver a death penalty to many of the almost 100,000 grassroots nonprofits known as 501(c)(4) groups.

If the IRS persists in pushing through these draconian policies, you may rest assured that Liberty Counsel is prepared to meet their lawyers in court. And if the new McCutcheon ruling causes them to intensify their efforts, we will respond with appropriate litigation.

In the coming weeks, Liberty Counsel’s litigation team must be prepared to take the Internal Revenue Service to court at a moment’s notice.

Your prayers and continued financial support are not only welcome, but needed more than ever right now.

Using the IRS as a club is nothing more than an end run around the recent Supreme Court rulings upholding our First Amendment rights.

If we aren’t prepared to move quickly, the IRS will succeed in literally shutting down groups like Liberty Counsel Action, the Freedom Federation, and hundreds, if not thousands, of other conservative groups. And if they can gag 501(c)(4) groups, they can be expected to extend their “victory” to 501(c)(3) groups like Liberty Counsel, as well.

I will not sit idly by and watch as President Obama uses the IRS as his pit bull to destroy political adversaries. I am not hesitant to take on the IRS and the White House, but I am aware of both the challenges and the dangers. I am specifically asking you to uphold our litigation team and me in prayer. Also, if you feel led, you may contribute financially to help Liberty Counsel offset the legal costs of fighting this battle on behalf of all freedom-loving Americans.

We all know there are forces in the nation that want to shut us down because we boldly stand against the radical “progressive” agenda. Liberty Counsel stands for life, for biblical marriage, for religious freedom, for patriotic action, and for the time-honored values of our forefathers – all of which are under attack at unprecedented levels.

The opinions expressed by columnists are their own and do not necessarily represent the views of Barb Wire.

Mathew D. Staver
Mathew D. Staver is Chairman and Founder of Liberty Counsel®, an international nonprofit litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics. With offices in Florida, Virginia and Washington, D.C., and an outreach in Israel, Liberty Counsel has hundreds of advocates around the world.

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