The ACLU set itself up to lose the OPRA fight

Back in 2020, I remember seeing an American Civil Liberty Union (ACLU) press release bragging about the bipartisan quality of its coalition’s political donations.

That same release touted “nearly $463 million of donations to Democratic candidates, committees, and PACs” and another “$19 million to Republicans – including $1.7 million to President Trump’s campaign.” The ACLU claimed that its supporters’ contributions “represent[ed] between 20 and 30 percent of all Democratic fundraising.”

“ACLU supporters are deeply engaged in this election,” opined ACLU Executive Director Anthony D. Romero in August 2020. “Candidates and parties are now on notice: Expand and defend civil liberties and civil rights, or ignore us at your own peril. The tables have turned from 30 plus years ago, when then-candidate George H.W. Bush assailed his opponent Michael Dukakis for being a ‘card-carrying member of the ACLU.’ Today, ACLU supporters aren’t just carrying cards, they’re carrying a giant share of this cycle’s total giving.”

But were they really on notice? I’m not sure how they define “supporter,” but OpenSecrets reveals more than 99% of ACLU donations (direct and/or from employees) have gone to Democrats thus far for the 2024 cycle.

In reality, the ACLU is rapidly transforming into another group – like the “pro-business” Chamber of Commerce in New Jersey – which presents as non-partisan but, in reality, displays a strong pro-Democrat Party, pro-establishment orientation. And it’s not without consequences.

The ACLU-NJ attempted a full-court press to stop Phil Murphy from signing the recent legislation amending (some would say “gutting”) the Open Public Records Act (OPRA) by eliminating features like the “fee shift” when the government unlawfully withholds public request subsequent to a request from the public. Phil Murphy should care about the ACLU more than the concerns of local Democrat powerbrokers upset over the pecuniary and political expense associated with transparency; he’s term-limited, arguably half a lame duck, and famously interested in going national. Still, he sides against the ACLU on this one.

“It’s shameful that despite overwhelming concerns from their constituents, lawmakers fast-tracked, and the governor signed, a bill that severely restricts access to government records and limits the public’s ability to hold elected officials accountable,” opined Sarah Fajardo, the current policy director for the ACLU of New Jersey. “But we know that voters will have the last word at the ballot box next year — and maybe then Legislators will remember who they are meant to serve.”

They won’t remember, because the ACLU, the NAACP, business groups, and countless other organizations that often prioritize an affinity for Leftist politics or the warmth of “belonging” to the establishment in crowd over their true respective missions (as stated on their websites) won’t hold the Democrats accountable.

“Over its 100-year history, the ACLU has—to its credit—vexed both sides of the political aisle because it refused to compromise the principles of its ‘civil libertarianism,’ one Heritage Foundation commentator noted back in 2020. “Sadly, that is no longer the case. In recent years, the group has retreated from its principles when they clash with trendy left-wing priorities” including in the realm of usurping parental rights in favor of “LGBTQ” pseudo-science.

Phil Murphy and Trenton Democrats know their won’t be consequences for their bad behavior, so they continue to behave badly. Groups like the ACLU make it all possible. Their failure to stop the OPRA bill should wake them up, but I wouldn’t hold my breath waiting for a change of heart.

Matt Rooney
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MATT ROONEY is SaveJersey.com's founder and editor-in-chief, a practicing New Jersey attorney, and the host of 'The Matt Rooney Show' on 1210 WPHT every Sunday evening from 7-10PM EST.