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IRS' Tea Party Screening Likely Unconstitutional, Judge Says

Law360, Washington (November 7, 2016, 5:49 PM EST) -- The IRS suffered a heavy blow Friday in a class action alleging the agency unlawfully scrutinized conservative group tax-exemption applications, when an Ohio federal judge said tea party organizations would likely succeed on their First and Fifth Amendment claims.

In a lengthy opinion, U.S. District Judge Michael R. Barrett shot down the tax agency’s attempt to dodge the constitutional claims by Texas Patriots Tea Party and granted the group’s motion for a preliminary injunction ensuring that the IRS processes TPTP's long-delayed tax-exempt application “in the ordinary...
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