The Supreme Court sent back to a lower court a case originating from the 2008 presidential election, challenging Federal Election Commission (FEC) disclosure rules. A 527 organization, the Real Truth About Obama (RTAO), wanted to sponsor ads covering President Obama's record on abortion and other issues. After the group lost their appeal of a federal district court decision, RTAO requested the Supreme Court to review the case.

The case challenges regulations regarding when a group must register as a political committee, and the enforcement of reporting requirements for political organizations, including 527s. RTAO argues it is not a political committee because it did not plan to advocate for Obama's defeat or election.

The Supreme Court justices said that the Fourth Circuit should reconsider the case in light of the ruling in Citizens United v. FEC and the fact that some of the challenged regulations have been removed.

Last month, U.S. Solicitor General Elena Kagan filed a brief with the Supreme Court urging the rejection for their appeal. Kagan defended the definition of express advocacy and political committee status enforcement policies by arguing that an organization with a major purpose of federal campaign activity should be required to comply with the contribution limits and disclosure requirements applicable to political committees. Kagan stated that other court decisions since 2008 have led to the FEC's to determination that it will no longer enforce two of the provisions at issue in the case.

The Court decided in Citizens United that corporations cannot be banned from financing express advocacy, but it did not redefine what types of communications can be subject to disclosure, and therefore the express advocacy standard was not changed.

The Campaign Legal Center warns that while, "two claims brought by RTAO certainly have been mooted by intervening decisions, the Supreme Court's action should not be read by the Fourth Circuit as an invitation to further weaken the remaining FEC regulations under challenge."

Meanwhile, the Supreme Court heard oral arguments today (April 28) in another case which also deals with disclosure and political activity. In John Doe No. 1 v. Reed, petition signers challenged the constitutionality of Washington's Public Records Act, which requires state and local governments to make public the identities of those who sign a referendum or initiative petition. For a great description of the issues involved in the case and some background, read this blog post from SCOTUSblog.