Wednesday, March 05, 2008

Amicus Briefs Filed in Challenge to Member Disclosure Law

Campaign Legal Center, Democracy 21 and Public Citizen filed an amicus brief in support of the Justice Department to defend a member disclosure requirement in the new lobbying disclosure law. National Association of Manufacturers v. Taylor challenges Section 207 of the Honest Leadership and Open Government Act of 2007 (HLOGA). Under HLOGA, lobbyists and lobbyist employers are required to disclose the names of coalition and association members that contribute more than $5,000 to the lobbying of the organization and "actively participate" in the planning, supervision, or control of the lobbyist's activities.

Their amicus defends the disclosure requirement by citing the 1954 Supreme Court ruling, U.S. v. Harriss that upheld the Federal Regulation of Lobbying Act, maintaining that "it was justified by Congress' interest in gathering information about 'those who for hire attempt to influence legislation or who collect or spend funds for that purpose.' Following this seminal decision, federal and state courts have been almost unanimous in upholding lobbying disclosure statutes based on the state interest in informing the public of the persons and groups that are attempting to sway the legislative process."

Citizens for Responsibility and Ethics in Washington (CREW) also filed a brief supporting the constitutionality of the disclosure requirement.

In The Hill, President and CEO of NAM defends the decision to go to court. "The Honest Leadership and Open Government Act also offers a classic example of legislators aiming at one target — 'stealth lobbying campaigns' — and hitting another. Does anyone really consider the NAM a 'stealth organization'? Everyone knows who we are and which industries we represent."