Professor Roger Colinvaux of Catholic Law was recently quoted in a New York Times article examining the decision by DAFgiving360, a Charles Schwab-affiliated donor-advised fund sponsor, to suspend grants to the Southern Poverty Law Center after a Justice Department indictment alleged financial crimes tied to the organization. The move followed similar actions by Fidelity and Vanguard and drew criticism from philanthropic groups concerned about how donor-advised fund sponsors respond to politically charged allegations. Colinvaux pointed to the wider stakes for the nonprofit sector, asking, “Why not other charities that have also been attacked by the administration, including many major universities,” and adding, “The incident thus raises questions of how DAF sponsors draw the line and whether they are succumbing to political pressure or advancing their mission.”
Colinvaux was also quoted in a Bloomberg article covering The Buckeye Institute v. Internal Revenue Service, a case before the Sixth Circuit that could shape how courts review IRS rules requiring nonprofits to disclose the identities of major donors. The dispute centers on whether those reporting requirements violate First Amendment associational rights in light of the Supreme Court’s decision in Americans for Prosperity Foundation v. Bonta, and whether the court should apply a deferential rational-basis standard or the more demanding exacting-scrutiny test. Colinvaux's recent article, Associational Rights Versus Nonprofit Transparency: Information Reporting in the Internet Age, discusses issues involved in the case.