[EL] The Facts and the Circumstances

[Steve Hoersting]

What if the Voluntary Cessation of Unlawful Activity exception to Mootness
-- an exception exceeded by the TIGTA Report that critiqued the IRS's
2010-2012 Be On The Look Out program; a Report the full adoption of which
would defeat the mootness exception; and one judge's reliance upon the
government's representation the Report was fully adopted allowed that judge
to moot two federal actions (*Linchpins* and *True The Vote) *-- is the
wrong inquiry?

What if the IRS' Be On The Look Out Program were merely the buck elevators
and grain belts of viewpoint discrimination? And what if the "facts and
circumstances" test is the grist mill?

What if that 11-factor mix of the indeterminate evinces a test so vague
under the Fifth Amendment (and overbroad in its impact on speech) that to
know who applies it, and against whom it is applied, are the only methods
of presaging the result it will produce?

What if this is the sagacious understanding behind Lois's statement, "Cincy
should not have these cases"?

What if, in this 4-4 world of campaign finance, we could agree on the
importance of process; in the Fifth Amendment's protection of Due Process
-- that both the citizen and regulator should share a rough understanding
of the legal framework by which each of our actions will be governed?

*

Chris Gober, Jason Torchinsky, Shawn Sheehy and I are challenging the IRS'
"facts and circumstances" test in federal district court on behalf of
Plaintiff Freedom Path.

And we just survived the Motion to Dismiss.

-- 
Stephen M. Hoersting
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