Institute for Justice
The Institute for Justice (IJ) is a libertarian public interest law firm registered as a 501(c)(3) non-profit and founded in 1991. The IJ names its four major issues as "private property, economic liberty, free speech and school choice." It claims to have litigated almost 200 cases with a 70 percent victory rate, including four victories out of five Supreme Court cases.
As reported by the Detroit Metro Times, People for the American Way described IJ as one of the litigation groups that "have eagerly sought out potential court challenges in lower-income urban communities and loudly claim the mantle of supporters of education for the disadvantaged. In the past, Clint Bolick's Institute for Justice was better known for his vehement animosity towards virtually every proposed civil rights bill. He even opposed those bills supported by Presidents Nixon and Bush. For example, he branded the 1991 Civil Rights Act as a 'quota' bill, even after it was supported by President Bush and 90 percent of the Congress."
IJ was cofounded by William "Chip" Mellor, previously president of the State Policy Network-member Pacific Research Institute for Public Policy and 2012 recipient of the conservative Lynde and Harry Bradley Foundation's Bradley Prize. IJ's other co-founder, Clint Bolick, joined the Goldwater Institute in 2007. John Blundell was also a founding director.
IJ has state chapters in Arizona, Florida, Minnesota, Texas, and Washington.
The Koch brothers -- David and Charles -- are the right-wing billionaire co-owners of Koch Industries. As two of the richest people in the world, they are key funders of the right-wing infrastructure, including the American Legislative Exchange Council (ALEC) and the State Policy Network (SPN). In SourceWatch, key articles on the Kochs include: Koch Brothers, Koch Industries, Americans for Prosperity, American Encore, and Freedom Partners.
- 1 Ties to the Koch Brothers
- 2 Ties to the American Legislative Exchange Council
- 3 Activities
- 4 Cases
- 5 Funding
- 6 Personnel
- 7 Contact Information
- 8 Articles and Resources
Ties to the Koch Brothers
According to a statement on IJ's website, "Charles Koch provided the initial seed funding that made it possible to launch the Institute in 1991. David Koch has been a generous benefactor each year of IJ’s first decade."
Since its founding, IJ has received donations from a number of groups with links to the Koch brothers, including a donation of $15,000 from the Charles G. Koch Foundation in 2001 and two donations of $250,000 each from the David H. Koch Foundation in 1999 and 2001. IJ also received $716,800 from DonorsTrust and the Donors Capital Fund between 2010 and 2012.
Ties to the American Legislative Exchange Council
In 2011, Institute for Justice Executive Director Lee McGrath introduced the "Asset Forfeiture Process and Private Property Protection Act" to the Public Safety and Elections Task Force meeting at the 2011 Annual Meeting of the American Legislative Exchange Council (ALEC) in New Orleans.
ALEC is a corporate bill mill. It is not just a lobby or a front group; it is much more powerful than that. Through ALEC, corporations hand state legislators their wishlists to benefit their bottom line. Corporations fund almost all of ALEC's operations. They pay for a seat on ALEC task forces where corporate lobbyists and special interest reps vote with elected officials to approve “model” bills. Learn more at the Center for Media and Democracy's ALECexposed.org, and check out breaking news on our PRWatch.org site.
IJ's website notes that in addition to litigation, it "has a legislative team working to make changes at the local and state government levels." IJ provides model legislation on its website in areas such as eminent domain, business regulation, and criminal forfeiture.
The Milwaukee-based "A Job is a Right Campaign" wrote, "In pursuit of its goal of a radical laissez-faire capitalism, the Institute has initiated a number of lawsuits aimed at ending government regulation of business. While the lawsuits generally involve small businesses, often in communities of color, the goal is to set a legal precedent for the deregulation of big business in general."
Below are cases in which the Institute for Justice was involved that reached the U.S. Supreme Court.
Susan B. Anthony List v. Driehaus (2014)
On February 28, 2014, IJ filed an amicus brief with the Reason Foundation in the case Susan B. Anthony List et al. v. Steven Driehaus, et al., which dealt with an Ohio law that "makes it a criminal offense to make knowingly or reckless false statements about a candidate," according to Reuters. Responding to the U.S. Supreme Court's decision in January 2014 to hear the case, Paul Sherman, an attorney for IJ, told the Columbus Dispatch, "I think this is further evidence that the court sees serious problems with state laws that regulate electoral speech [...] They have recently shown a lot of hostility to these kinds of laws, and with very good reason."
The Supreme Court unanimously reversed the judgement of two lower courts and remanded the case to the lower courts, in favor of the Susan B. Anthony List, on June 16, 2014.
Arizona Free Enterprise Club Freedom Club PAC v. Bennett (2011)
IJ represented several challengers of the Arizona Citizens Clean Elections Act of 1998, which provided for public financing of candidates who "agreed to limit their personal spending to $500, participate in at least one debate and return unspent money," according to the New York Times. The case resulted in the U.S. Supreme Court striking down the Arizona law in a 5-4 vote, with the majority arguing that "the law violated the First Amendment rights of candidates who raise private money. Such candidates, the majority said, may be reluctant to spend money to speak if they know that it will give rise to counterspeech paid for by the government."
Winn v. Garriott (2010)
Winn v. Garriott (also known as Arizona Christian School Tuition Organization v. Winn) had challenged "an Arizona tax credit which provides tax credits for contributions to tuition organizations, which then use the contributions to provide scholarships for, among others, religious schools."
In a 2011 decision, the US Supreme Court let the program stand, arguing that those challenging the law did not have standing to do so. The New York Times suggested that, "by closing the courthouse door to some kinds of suits that claim violations of the First Amendment’s ban on government establishment of religion, the court’s ruling in the case may be quite consequential."
Kelo v. City of New London (2005)
As described by the Washington Post, the Supreme Court in Kelo v. City of New London ruled "that local governments may force property owners to sell out and make way for private economic development when officials decide it would benefit the public, even if the property is not blighted and the new project's success is not guaranteed."
IJ represented the property owners in the case; IJ also helped produce a film about the case in 2014, "Little Pink House."
Swedenburg v. Kelly (2005)
IJ's website states that it represented Virginia vintner Juanita Swedenburg, California vintner David Lucas, and "wine consumers" in a 2000 federal lawsuit "challenging the ban on direct interstate wine shipments in New York." According to IJ, the case dealt with "Internet commerce, free trade among the states, and regulations that hamper small businesses and the consumers they seek to serve."
The case was consolidated with a similar case, Granholm v. Heald, by the Supreme Court, which held that both Michigan and New York bans on direct interstate wine sales did violate the Commerce Clause.
Zelman v. Simmons-Harris (2002)
As described by the Berkley Center at Georgetown University, in the case Zellman v. Simmons-Harris, "the Supreme Court upheld an Ohio law that provided tuition assistance to low-income students living in Cincinnati who chose to attend private schools, and academic support for students whose parents chose to keep them in public schools," and held that the law did not violate the Establishment Clause even if tuition aid was used for a religious school.
In a statement on its website, IJ describes the court's ruling in the case as having "removed the federal Constitution from the legal arsenal of teachers' unions and other school choice opponents and opened the door to full vindication of Brown's promise of equal educational opportunity for all."
IJ has highlighted the central role of the Koch brothers in its founding by presenting its "Cornerstone Award" to them:
- "Charles Koch provided the initial seed funding that made it possible to launch the Institute in 1991. David Koch has been a generous benefactor each year of IJ’s first decade. We are deeply grateful for their support and the commitment to liberty it represents. Thank you, Charles and David!"
In 2012, the most recent year for which data is available, the biggest donors to IJ were:
- Claws Foundation: $1,000,000
- Dunn's Foundation for the Advancement of Right Thinking: $750,000
- Searle Freedom Trust: $300,000
- Kovner Foundation: $250,000
- DonorsTrust: $234,300
- Donors Capital Fund: $190,000
- Lynde and Harry Bradley Foundation: $170,000
- Ravenel and Elizabeth Curry Foundation: $100,000
- Sarah Scaife Foundation: $85,000
- John William Pope Foundation: $75,000
As of June 2014:
- William H. Mellor, President and General Counsel
- Steven Anderson, Managing Vice President
- Dana Berliner, Litigation Director
- John E. Kramer, Vice President for Communications
- Deborah Simpson, Vice President for State Chapters and Institute Growth and Integration
- Beth Stevens, Vice President for Development
- Michael Bindas, Senior Attorney
- Scott G. Bullock, Senior Attorney
- Bert Gall, Senior Attorney
- Dick Komer, Senior Attorney
- Robert McNamara, Senior Attorney
- Clark Neily, Senior Attorney
- Jeff Rowes, Senior Attorney
- Paul Sherman, Senior Attorney
- additional staff and attorneys listed at http://ij.org/staff
- Brian Montgomery, Director of Finance & Administration
- Clint Bolick, Vice President & National Director of State Chapters
Board of Directors
As of August 2014:
- David B. Kennedy (chairman): President of the Earhart Foundation
- Chip Mellor: President and General Counsel of the Institute for Justice
- Arthur Dantchik: Partner at Susquehanna Investment Group
- Bob Gelfond: CEO, MQS Management
- Kenneth N. Levy: Principal and Co-Founder, Jacobs Levy Equity Management
- Robert A. Levy: Chairman, Cato Institute
- Jim Lintott: Principal, Freedom Management Group LLC (former Chairman of Sterling Foundation Management and trustee of the Reason Foundation)
- Stephen Modzelewski: Managing Member, Maple Engine L.L.C. (former President of Watermark Management Corporation and trustee of the Reason Foundation)
- Mary E. Stiefel: Miami, FL
- Abigail Thernstrom: Commissioner on U.S. Commission on Civil Rights and Adjunct Scholar, American Enterprise Institute (former Senior Fellow at the Manhattan Institute)
- Mark Babunovic: Vice President, Bank of New York
- Gerrit Wormhoudt: Attorney-at-Law Fleeson, Gooing, Coulson and Kitch
Institute for Justice
901 N. Glebe Road
Arlington, VA 22203
398 S Mill Avenue Ste 301
Tempe, AZ 85281
Phone: (480) 557-8300
Fax: (480) 557-8305
527 Marquette Avenue Ste 1600
Minneapolis, MN 55402
Phone: (612) 435-3451
Fax: (612) 435-5875
816 Congress Ave, Suite 960
Austin, TX 78701-2475
Phone: (512) 480-5936
Fax: (512) 480-5937
101 Yesler Way Ste 603
Seattle, WA 98104
Phone: (206) 341-9300
Fax: (206) 341-9311
Articles and Resources
Related SourceWatch Articles
- Koch Brothers
- Koch Family Foundations
- Americans for Prosperity
- Freedom Partners
- Cato Institute
- Heritage Foundation
- Koch Universities
- Koch Network
- Knowledge and Progress Fund
- American Encore
- Donors Capital
- 60 Plus
- Generation Opportunity
- The London School of Economics Hayek Society, "John Blundell", Capitalism seminar, Hayek society, accessed January 2004
- Debra England, "Top 10 charitable gift ideas for this holiday season," TownHall.com, December 16, 2006.
- Phil Wilayto, "The Institute For Justice", A Job is a Right Campaign, February 8, 2000.
- Institute of Justice, Board Members, accessed January 2004.
- Institute for Justice, About, organizational website, accessed June 25, 2014.
- Curt Guyette, "You don’t know Dick," Metro Times, October 4, 2006. Accessed June 25, 2014.
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- Bradley Prizes, William H. Mellor, biographical page, accessed June 25, 2014.
- Goldwater Institute, Clint Bolick, organizational biography, accessed June 25, 2014.
- LSE Hayek Society, Capitalism, organizational website, archived from January 2003. (Scroll down to see the section on John Blundell).
- Institute for Justice, IJ Thanks Its Cornerstone Supporters, organizational website, accessed June 25, 2014.
- American Legislative Exchange Council, "Public Safety and Elections Task Force Meeting," agenda and meeting materials, August 4, 2011, on file with CMD
- Institute for Justice, Legislation, organizational website, accessed June 25, 2014.
- SCOTUSblog, Susan B. Anthony List v. Driehaus, case page, accessed June 25, 2014.
- Lawrence Hurley, "U.S. justices revive challenge to Ohio election law on false statements," Reuters, June 16, 2014. Accessed June 25, 2014.
- Jack Torry, "Justices to weigh Ohio campaign-speech law," Columbus Dispatch, January 11, 2014. Accessed June 25, 2014.
- U.S. Supreme Court, Susan B. Anthony List v. Driehaus, SCOTUSblog, accessed August 2014.
- Adam Liptak, "Justices Strike Down Arizona Campaign Finance Law," New York Times, June 27, 2011. Accessed June 25, 2014.
- SCOTUSblog, Arizona Christian School Tuition Organization v. Winn, case file, accessed June 25, 2014.
- Adam Liptak, "Supreme Court Allows Tax Credit for Religious Tuition," New York Times, April 4, 2011. Accessed June 25, 2014.
- Charles Lane, "Justices Affirm Property Seizures," Washington Post, June 24, 2005. Accessed June 25, 2014.
- Ilya Somin, "A forthcoming film about Kelo v. City of New London," 'Washington Post, June 23, 2014. Accessed June 25, 2014.
- Institute for Justice, Swedenburg v. Kelly, case description, accessed June 25, 2014.
- Justice Anthony Kennedy, Granholm, Governor of Michigan, et al. v. Heald et al., Supreme Court opinion, May 16, 2005. Accessed June 25, 2014.
- Berkley Center for Religion, Peace, & World Affairs, Georgetown University, Zelman v. Simmons-Harris, case summary, accessed June 25, 2014.
- Institute for Justice, Zelman v. Simmons-Harris, case description, accessed June 25, 2014.
- Erik S. Jaffe, Cato Institute, Zelman v. Simmons-Harris, legal brief, June 1, 2001. Accessed June 25, 2014.
- Institute for Justice, IJ Thanks Its Cornerstone Supporters, organizational website, accessed June 25, 2014.
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- Institute for Justice, Staff, organizational website, accessed June 25, 2014.
- Institute for Justice, Board, organizational website, accessed August 2014.
- Arizona. Institute for Justice. Retrieved on 2010-05-04.
- Minnesota. Institute for Justice. Retrieved on 2010-05-04.
- Texas. Institute for Justice. Retrieved on 2010-05-04.
- Washington. Institute for Justice. Retrieved on 2010-05-04.
This is a list of groups or individuals associated in some capacity with the American Legislative Exchange Council (ALEC).