It’s an intimidation tactic, pure and simple, and shows just how partisan the Justice Department has become. This out-of-control behavior should scare every citizen and volunteer organization, no matter where they stand on the political or social spectrum.
Members of Eagle Forum made their worries known by doing things every American has an absolute right to do: They spoke out, made speeches, organized meetings, talked to other residents and organizations in Alabama, and contacted their elected state representatives.
In other words, they exercised their constitutional rights to engage in “freedom of speech,” to “peaceably assemble,” and “to petition the government for a redress of grievances.” They also exercised their right to associate, recognized by the Supreme Court as implicit under the 14th Amendment.
None of these activities should trigger stalking by Justice Department lawyers. So how has this come about?
Earlier this year, the Alabama Legislature passed the Alabama Vulnerable Child Compassion and Protection Act, which became effective May 8. It bans puberty blockers, hormone therapy, and surgery to alter the biological sex of a minor.
A huge number of left-wing advocacy organizations immediately sued the state, and the Justice Department intervened in the lawsuit, echoing their claims that the new Alabama law violates the equal protection clause of the 14th Amendment.
- Information and communications it has or engaged in over the law and any predecessor bills.
- Materials that Eagle Forum considered connected to the legislation or any draft or model bills.
- Documents concerning Eagle Forum’s “legislative or policy goals, initiatives, and/or strategies relating to medical care or treatment of transgender minors, or minors with gender dysphoria.”
- Communications with—and testimony, letters, reports, etc., sent to—state legislators or their staff; and any other government agencies and officials in Alabama over the legislation.
- Communications with any other nongovernmental organizations over the legislation.
- Internal minutes and records of meetings, polling and public opinion data, video presentations and speeches, newsletters and emails, and social media postings related to the legislation.
And there isn’t a single, justifiable reason for the Justice Department to do this. Eagle Forum isn’t a party in the lawsuit. It is not a government agency. It is not the Alabama Legislature. It has no power to vote to enact this (or any) legislation or sign it into law.
Keep in mind that the lawsuit is making a constitutional claim: The plaintiffs, including the Justice Department, are arguing that the statute as written violates the U.S. Constitution.
So, what do Eagle Forum’s polling data or social media posts have to do with that constitutional question? What do its internal records, its “policy goals, initiatives, and/or strategies,” or the communications of its members with state legislators have to do with that issue?
The answer is: absolutely nothing. None of the documents or information sought by the Justice Department has any relevance to whether the text of a state law violates the 14th Amendment.
This subpoena, issued by Jason R. Cheek of the U.S. Attorney’s Office in the Northern District of Alabama, has but one intent: to harass and intimidate a conservative organization for daring to engage in the democratic process by working on an issue that inflames the Left.
In an affidavit filed with the court in the current case, Rebecca Gerritson, executive director of Eagle Forum of Alabama, correctly warns:
“If this subpoena is enforced, legitimate, law-abiding organizations like ours will be subject to scrutiny for engaging in constitutionally protected activities. Further correspondence by EFA [Eagle Forum of Alabama], including emails, notes, presentations, speeches, interviews, etc. could be weaponized by government officials who hold (or are being required to assert) opposite political views. In addition, enforcement of the federal government’s subpoena would set a precedent that would stifle other citizens who want to exercise their constitutional right to make their views known to their elected officials on public policy matters.”
This is a dangerous action by the Justice Department. It’s something that all Americans who value their constitutional rights should oppose.