(WASHINGTON, D.C.) WEDNESDAY, APRIL 22, 2026 – Michael Farris, NRB General Counsel, has issued the following statement:
Today, the Plaintiffs in NRB v. Bessent filed their notice of appeal to the Fifth Circuit Court of Appeals from the decision of the District Court for the Eastern District of Texas in their case challenging the constitutionality of the Johnson Amendment. The Johnson Amendment prohibits churches and other nonprofit organizations from supporting or opposing political candidates. Read NRB’s previous statement following the judge’s dismissal of the case in March here.
The lawsuit demonstrated that the IRS enforces the law unevenly punishing conservative churches while allowing more liberal churches and nonprofit organizations free rein when they support or oppose candidates.
On March 31, the District Court dismissed the case on jurisdictional grounds on the basis that the Anti-Injunction Act barred this lawsuit.
Michael Farris, General Counsel of NRB and lead counsel in the litigation said, “The Supreme Court has made it clear that no one has to violate a law in order to challenge its limitation on the freedom of speech or religion. The Anti-Injunction Act cannot be construed to force churches to violate the Johnson Amendment in order to challenge its chilling effect on their First Amendment freedoms.”
The normal appellate process will take several months.
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