Wednesday, July 27, 2005

John Roberts and BJU

Yesterday's podcast of ABC's "Afternote" reported that Democrats are looking for documents from John Roberts' tenure in the White House Counsel's office from 1982-1986 that reveal whether he wrote anything on reinstating tax exempt status for BJU. Listen to yesterday's edition.

After BJU lost its case in the Supreme Court over the now-defunct inter-racial dating policy, President Reagan ordered the IRS to reinstate the tax exempt status, but the IRS sued the President and won again in a 1983 Supreme Court decision. The speculation is that Roberts provided key legal counsel to Reagan on the validity of his order to the IRS. Read more background.

The Afternote is a daily Washington political news digest. (Use this link in your podcasting application to subscribe.)

3 comments:

Andy Efting said...

Oh brother, not again ....

Dave said...

Just a technical note...the Supreme Court didn't decide the case against BJU until 1983 (it was heard in the fall of 1982). The Reagan administration had dropped the case against BJU prior to that, but it was picked up by others (in a somewhat rare move I believe). The Reagan administration then filed along side of BJU and argued before the court in favor of removing the ban.

I believe that the Democrats have already used this tactic against another of President Bush's nominees.

Ben said...

Thanks for the clarification. I see now how I misread the Wikipedia entry.