Project Middle Ground
Government Transparency & Accountability

When the IRS singles out political groups on one side of the spectrum for extra scrutiny of their nonprofit applications — the 2010-2013 targeting of Tea Party and other conservative organizations — what do religious traditions and the Constitution say about political neutrality in the federal agencies that hold ordinary Americans' fates?

Bottom line

The IRS Tea Party targeting was the mirror image of the political-prosecution and political-enforcement questions the site treats about the current administration. The principle is the same: federal agencies must apply the law without regard to the political affiliation of the people they touch. The 2010-2013 record failed that principle. The response — an inspector-general report, a public apology, a decision not to prosecute, and a bipartisan settlement — produced acknowledgment without individual accountability, a pattern the site has flagged elsewhere. Applying the standard consistently is what the standard is. When a Democratic administration's IRS singles out conservative groups for political scrutiny, the site's framework says the same thing it says about a Republican administration's DOJ singling out political opponents: religious traditions condemn partiality in the exercise of state power, and the Constitution's equal-protection and First Amendment guarantees exist precisely to make it a wrong that ought to have consequences.

Religious perspectives

Religious traditions take political impartiality by the officials who hold power over ordinary people's lives with unusual seriousness — and they treat unequal treatment based on political conviction as a specific and named wrong.

Judaism: The Torah's command to judges is direct: "You shall not pervert justice; you shall not show partiality" (Deuteronomy 16:19). The rabbinic tradition extended this beyond formal courts to any exercise of state power that touched a person's standing. The principle is not "treat everyone the same regardless of merit"; it is "the ground on which you distinguish must be a legitimate one." Political viewpoint is precisely the ground the tradition treats as illegitimate for state officials to use.

Christianity: The Christian tradition's emphasis on the equal dignity of persons before God translates directly into a suspicion of state power exercised on partisan lines. Paul writes that "there is no partiality with God" (Romans 2:11) and treats the correspondence between divine and civic impartiality as a mark of just governance. When the tax collector — the state's most direct point of contact with ordinary life — begins to distinguish citizens by their political convictions, the religious tradition's alarm bells ring first.

Islam: The Quranic principle of adl (justice) forbids the state's officers from favoring one group over another on grounds unrelated to the legitimate application of law. Classical Islamic administration paid special attention to the fairness of tax collection — the point at which citizens most directly experience whether the state is just.

The shared insight: Every tradition treats the impartial application of state power as a defining test of legitimate governance. Political viewpoint discrimination by federal officers is the kind of failure the traditions name as one of the most corrosive — because it converts a civic institution shared by all into a tool of the coalition currently in power.

Constitutional & legal framework

The IRS Tea Party targeting scandal is one of the clearest modern cases of political weaponization of a federal agency — and its aftermath illustrates how difficult accountability for such conduct is to achieve.

What happened: Between 2010 and 2013, the IRS's Cincinnati office, which processed applications for tax-exempt status under section 501(c)(4), used political-viewpoint criteria to identify applications for extra scrutiny. Groups with names containing "Tea Party," "Patriots," or "9/12" — and, later, some progressive terms as well, though in much smaller numbers — were pulled from the regular queue and subjected to additional review, extensive information requests, and multi-year delays. Some applications languished for over three years.

The TIGTA report (May 2013): The Treasury Inspector General for Tax Administration issued a report confirming the pattern. The report found that "the IRS used inappropriate criteria that identified for review Tea Party and other organizations applying for tax-exempt status based upon their names or policy positions instead of indications of potential political campaign intervention." The IRS's Director of Exempt Organizations, Lois Lerner, publicly apologized in May 2013 — the acknowledgment that broke the story open — and later, when called before Congress, invoked her Fifth Amendment right against self-incrimination.

The DOJ decision: After a multi-year investigation, the Department of Justice announced in October 2015 that it would not bring criminal charges. Investigators concluded that the misconduct reflected "mismanagement" rather than criminal intent, and that the applicable statutes required a level of intent the record did not establish. Many affected groups strongly disputed that reading of the record.

The 2017 settlement: In two separate settlements in 2017, the Justice Department (then under the incoming Trump administration) apologized on behalf of the government and paid millions of dollars to plaintiff groups. Attorney General Jeff Sessions called the IRS's conduct "wrong" and "should have never happened."

The First Amendment framework: Federal agencies may not condition benefits or burdens on political viewpoint. The First Amendment prohibits government retaliation against people for protected speech or association, and the unconstitutional-conditions doctrine prohibits leveraging any government benefit (including tax-exempt status) to punish protected expression. The IRS Restructuring and Reform Act of 1998 specifically prohibits IRS employees from considering the political affiliation of applicants.

The honest other side: A great deal of 501(c)(4) political activity in this period genuinely did test the "primarily engaged in social welfare" line the statute requires, and the IRS was under real pressure from post-Citizens United caseload increases. Some of the additional scrutiny may have reflected legitimate concern about political activity by ostensibly educational organizations. The failure was not that the IRS asked harder questions of political-activity groups; the failure was that it selected which groups to ask by their political viewpoint.

Why it matters: The site's treatment of the current administration's DOJ prosecutions and other cases of politically selective enforcement rests on the same principle the IRS scandal tested: federal agencies must apply the law without regard to the political affiliation of the people they encounter. The IRS case is that principle applied to a Democratic administration. The failure of criminal accountability, followed by a bipartisan settlement, produced the same pattern the site has flagged elsewhere: acknowledgment of wrongdoing without individual consequence for those who did the wrongdoing.

See: First Amendment → | TIGTA Report on IRS Targeting →

Sources cited:BibleConstitution