RUTHFULLY YOURS

https://www.wsj.com/articles/the-lefts-lucrative-nonprofits-11567723794

This year’s Democratic presidential candidates have a favorite whipping boy: “powerful interests.” Get ready to hear again in coming weeks how the National Rifle Association rules Washington, how the Koch empire dominates politics, how the right is pouring “dark money” into its agenda. And then remember that these are among the biggest whoppers of the 2020 election. One side will do battle with the aid of a huge and savvy nonprofit political empire—and it isn’t the right. Though the sooner Republicans understand that, the better.

A helpful tutorial arrived this week, “Power Grab,” a new book by Republican former Rep. Jason Chaffetz of Utah. Mr. Chaffetz has been digging into nonprofits since his time as House Oversight Committee chairman, and the book details how powerful the liberal nonprofit sector has grown. It may surprise many Americans—those who read daily stories about conservative “influence”—that the likes of the NRA, Judicial Watch and the National Organization for Marriage barely rank by comparison to the assets and revenue of Planned Parenthood, the American Civil Liberties Union or the Nature Conservancy.

These aren’t only big political players; they’re the biggest political players. In 2018 the nonprofit watchdog Capital Research Center analyzed grants handed out in the 2014 election year by six big foundations on the right (including the Bradley and Charles Koch foundations) versus six on the left (including the Open Society and Tides foundations). Liberal public-policy charities, organized under chapter 501(c)(3) of the tax code, bagged $7.4 billion of this foundation money in 2014. For conservative charities, the figure was a mere $2.2 billion. That $7.4 billion also dwarfed total 2013-14 campaign receipts to federal, state and local campaigns ($4.1 billion) and spending that cycle by independent groups ($830 million).

https://www.nationalreview.com/2019/09/disregarding-separation-of-powers-has-real-life-consequences/

The rule of law is undermined, and liberty diminished.

Editor’s note: This article is adapted from Neil Gorsuch’s book A Republic, If You Can Keep It, which will be published this month.

The separation of powers and its role in protecting individual liberty and the rule of law can sound pretty abstract. I confess it seemed that way to me in my high-school civics class. I came to appreciate the genius of the Founders’ design more fully only years later, when as a judge I saw what happens to real people in real cases when the separation of powers goes unattended. Let me share with you a few of their stories, some of which you will see laid out more fully later. They’re just a sampling of so many that came across my desk.

Caring Hearts. Caring Hearts is a small business in Colorado that provides Medicare nursing services to the elderly. One year, the government performed an audit and concluded that Caring Hearts had improperly billed hundreds of thousands of dollars of services, so it slapped a fine of over $800,000 on the company. The trouble was, the government applied the wrong rules. Instead of applying the regulations in effect during the time Caring Hearts provided its services, it faulted the company for failing to abide more-onerous rules that the agency adopted only years later. How did the government get its own rules so wrong? Every year, the executive agency administering Medicare has used the legislative authority delegated to it by Congress to issue a river of legally binding regulations and thousands more “sub regulatory guidance documents” to explain those regulations. The agency had apparently written so many new legally binding rules that even it had lost track of all the changes.