SCOTUS Term Preview and Advocacy for 501(c)(3)s
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 10/15/2025
Rules of the Game: The Bolder Advocacy Podcast
In this episode, we break down practical ways nonprofits can help voters navigate the electoral process—from answering questions and monitoring polling places to helping voters understand their options and addressing problems that arise before, during, and after Election Day. Remember, the goal is to help eligible voters participate in the voting process without putting a 501(c)(3)’s tax-exempt status at risk. The Golden Rule: 501(c)(3)s Must Remain Nonpartisan 501(c)(3) public charities are absolutely prohibited from directly or indirectly participating or intervening in...
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On this episode, we have a special guest from the AFJ Justice team. We are joined by our colleague Morgan Flitt an Alliance for Justice Senior Dorot Fellow. With Morgan we will be covering the upcoming cases that will be heard by the US Supreme Court this session. Many of these cases – affect everyday people and the issues they care about, climate change, gun rights, voting, immigration and LGBTQ+ rights. Then we will talk about how nonprofits can get involved with supreme court advocacy, nominees, and more while staying nonpartisan and being mindful of lobbying limits....
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It’s mid-September and we are in the thick of election season. Ballots are going out, early voting is around the corner and many of you are working in coalitions on nonpartisan voter engagement. On this episode, we talk about what election coalitions are, why they’re important and best practices for (c)(3)s and (c)(4)s that are in them. Attorneys for this Episode Susan Finkle Sourlis Quyen Tu Tim Mooney Shownotes Coalition Overview • Definition of Coalition: Fully separate organizations with common goals, coming together for a set purpose ...
info_outlineRules of the Game: The Bolder Advocacy Podcast
Working in coalition is one of the nonprofit sector’s greatest strengths and can be especially powerful during election season. With the midterm elections around the corner, now is a good time for organizations to revisit their plans for election-related advocacy, including voter engagement, candidate education, and issue advocacy. A 501(c)(3) can collaborate with a 501(c)(4) and other nonprofits to advance common goals, pool resources, and build momentum. The key is knowing where collaboration ends and organizational boundaries begin, so allocate resources fairly, document cost-sharing...
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Get Out the Vote (GOTV) efforts are one of the most impactful ways 501(c)(3) public charities can strengthen civic participation and help ensure communities have the tools and information they need to make their voices heard. From voter registration and education to reminders and access assistance, (c)(3) organizations can play an important role in helping people navigate the voting process while remaining nonpartisan. On this episode, we explore best practices for designing effective GOTV efforts, including how nonprofits can engage their communities, train staff and volunteers, and navigate...
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On today’s episode we will cover Charitable Solicitation Registration! If your nonprofit asks people for donations, you probably need to register with state regulators before you make the ask, and the rules are different in every state. We’ll break down what charitable solicitation is, how it differs from your IRS tax-exempt status, what the most common misconceptions are, and what organizations should do to stay compliant with these laws. Today we are thrilled to be joined by our BA Summer Legal intern, Lina Zuluaga. On this Episode Brittany Leonard Tim Mooney Lina Zuluaga (Legal Intern)...
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This week we are talking about 501(c)(4)s, or social welfare organizations. What are the advantages to starting one? How are they different than 501(c)(3)s and other types of nonprofits? And what are the important considerations when determining if a 501(c)(4) would be a good vehicle to use to conduct the types of activities you are hoping to engage in to achieve your mission? If you are curious about 501(c)(4)s, what they can do, and how they operate... this podcast episode is for you. Attorneys for this Episode Natalie Ossenfort Susan Finkle Sourlis Quyen Tu Shownotes Scenario: ...
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After the Supreme Court wrapped up its latest term, we thought it would be a good idea to revisit the unique opportunities 501(c)(3) public charities have to advocate in favor of or against specific nominations made by the Executive Branch that require confirmation from a legislative body. On this episode, we explore the nomination process for key positions and give you some best practices on how to ensure your organization can effectively (and legally) advocate for specific nominees. Shownotes: · Nomination advocacy often qualifies as lobbying (Internal...
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On today’s episode, we are breaking down the 2026 state legislative season and how the landscape affecting nonprofit advocacy is shifting across the country. We are recording this in mid-June, and while most states have wrapped up for the year, not all have, so you are going to want to look at your state to get a sense of what’s enacted, what’s moving, and what’s dead. What we’re seeing this year is not just incremental change, but a rapid expansion of state-level regulation over campaign finance, ballot measures, voter access, and increasingly, what we are calling foreign influence...
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This week, we are diving into the world of philanthropy. We are thrilled to be joined by Matthew L. Evans from the United Philanthropy Forum who will help us understand how philanthropy is evolving to meet this moment and what challenges and opportunities we are seeing for funders and philanthropy infrastructure organizations. Guests for this episode Brittany Hacker Leonard Tim Mooney Matthew L. Evans Shownotes Matthew L. Evans is the United Philanthropy Forum’s VP of Advocacy and External Relations....
info_outlineIt's fall, it’s October and the US Supreme Court is back in session. On today’s episode, we have a special guest from the AFJ Justice team. We are joined by our colleague Jamal Lockings. With Jamall we will cover the big cases to be heard by the court. Then we will talk about how nonprofits can get involved with supreme court advocacy, nominees, and more while staying nonpartisan and being mindful of lobbying limits.
Attorneys for this Episode
Brittany Hacker
Susan Finkle Sourlis
Jamaal Lockings
Intro to Justice Program
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Our justice team works on both federal and state judicial appointments and elections and runs numerous invaluable resources including our judicial vacancy tracker and helps keep us and the public informed about nominees. This includes the decisions they make after they’ve been confirmed, and how cases in federal courts – especially the supreme court – are impacting our civil rights and democracy.
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Today, we are thrilled to be joined on the pod by our friend and colleague Jamaal Lockings. Jamaal is a fellow attorney who serves as a Dorot Fellow on the Federal Courts team.
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Today we want to talk about the upcoming cases in this supreme court term, what we should be keeping an eye on, the potential impacts for our c3 partners, and what nonprofits can do during this term and future terms to advocate.
Cases to watch out for this term
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Voting Rights and Money In Politics
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Louisiana v. Callais
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Issue: Whether a states efforts to comply with the VRA is, in itself, a form of racial discrimination
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(1) Rehearing from last term (2) The Court is playing politics (3) the VRA is on the chopping block
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Consequences: A final blow to the VRA, and increased difficulty for minority voters to participate in free and fair elections
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National Republican Senatorial Committee v. FEC
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Issue: Whether to maintain the federal limits on political party coordination w/ candidates in campaign advertising.
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(1) Could render campaign contribution limits meaningless, increasing the already outsized influence of money in politics (2) These cases on elections and voting rights can’t be observed in a vacuum
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LGBTQ+
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Chiles v. Salazar
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Issue: Whether Colorado’s ban on “conversion therapy” for minors violates First Amendment protections of free speech and religious exercise
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(1) Religious litigants have been notoriously successful in this court (2) free speech and religious exercise have been used not to ensure equity or equality but to prop up Christian nationalist ideology.
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West Virginia v. B.P.J.
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Issue: Title IX and barring Trans athletes
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(1) This court continues to wade into culture wars (2) It’s ruling in Skrmetti and Justice Barrett’s assertion that Trans isn’t a protected states (3) Embolden lawmakers to continue to write oppressive laws against trans individuals
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Executive Power & Civil Liberties
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Trump v. Slaughter
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Issue: whether statutory removal protections for members of the FTC – and agencies like it – “violate” the separation of powers.
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(1) The Court’s emergency orders this summer (2) growing belief in the unitary executive theory (3) Likely to overrule Humphrey’s executor
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Consequences: Collapse of independent agencies and with it, governing stability.
What c3s can do:
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Supreme court advocacy is nonpartisan—you are free to stand for or against cases before any court or get involved in the cases.
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Litigation at the supreme court: c3s are often the best voice and represent groups who otherwise would not be heard or could not bring such large scale cases
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Amicus briefs
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Educating the public about cases and impacts of opinions
As you know c3 public charities may engage in lobbying and there are ways through lobbying that can affect the courts at the federal or maybe the state level
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Nominee advocacy—Advocate for or against nominees to supreme court (lobbying)
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Remember the lower district courts and circuit courts as well
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Remember the lobbying rules if you are a c3: must track and report your lobbying the IRS and stay within your lobbying limits. Great place for c4s to get involved because they can lobbying in an unlimited amount.
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Ethics advocacy—ask congress for more oversight or ethics rules (Lobbying if it will require a legislative vote).
Resources
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Alliance for Justice, Being a Player
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Alliance for Justice, Confirmation of Supreme Court Justices
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Alliance for Justice, Judicial Nominee Tracker
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Alliance for Justice, Supreme Court Reform