This week, the Massachusetts Supreme Judicial Court heard oral arguments from an attorney from the Goldwater Institute challenging the constitutionality of the union loophole in Massachusetts in the case 1A Auto v. Sullivan.
“Massachusetts is one of only six states that prohibit employers—but not unions or other groups—from contributing to political parties, committees, or candidates,” said Jim Manley, a senior fellow at the Goldwater Institute and lead attorney for the plaintiffs. “This uneven playing field violates state and federal constitutional guarantees of equal protection, free speech, and free association.”
Manley said that the plaintiffs went to court to ensure that all groups “have the same ability to participate in the political process—regardless which side of the bargaining table they sit on.”
Originally filed in 2015 by businesses owned by Massachusetts Fiscal Alliance founder Rick Green and board member Mike Kane, the lawsuit seeks to close the union loophole in Massachusetts campaign finance law. The loophole bans political contributions from employers while allowing unions, including out of state unions, to contribute up to $15,000 to a single candidate. Individuals can only donate up to $1,000. Unions, under current law, may also contribute via Political Action Committees, while PACs supported by employers are prohibited. Massachusetts is one of only six states with campaign finance laws that advantage unions and the worst state in the country for how it treats unions over employers.
“We’ve seen the union loophole taint election after election here in our state,” commented Paul D. Craney, a MassFiscal Board Member and the organization’s spokesman. “It was most notably used in Mayor Walsh’s 2013 election, and most recently in Paul Feeney’s 2017 race for state senate. Both were extremely close races that were impacted by the hundreds of thousands of dollars funneled in from unions across the country.”
“With oral arguments finished, the future of campaign finance equity in Massachusetts now rests in the hands of the justices,” said Craney.