Apparently someone read my post on the American Constitution Society and thought the activities I described threaten the group’s 501(c)(3) non-profit status. Please. Even putting the most partisan spin on these rather innocuous actions, they wouldn’t come close to the standard (and if they did, half of the non-profit advocacy groups in D.C. would be in a heap o’ trouble). My claim was not that ACS is “partisan” in the legal sense, but that the group is more self-concsiously activist — and, in my experience, less focused on the exploration and refinement of ideas — than it’s right-of-center counterpart, the Federalist Society. Both groups are “political” in the sense that each has an ideological orientation, but this “political” nature manifests itself in distinct ways.

About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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