Today we’re diving into the seventh installment of our eight-part, issue-based podcast series, and we will explore how nonprofits that operate in the health and disability rights space can boldly advance their missions through advocacy. Not only will we touch on recent developments in the news, but we’ll also discuss various lobbying and non-lobbying strategies currently being used by nonprofit advocates working to improve healthcare access and disability rights.

 

Attorneys for this episode  

Natalie Ossenfort

Monika Graham

Victor Rivera

 

Shownotes

Current Events / Executive Orders

·      Trump Administration Directives on Health & Disability Rights

o   The One Big Beautiful Bill introduces new eligibility requirements that will exclude an estimated 5.2 million adults from receiving Medicaid benefits. In total, over 8.6 million adults could lose healthcare coverage as a result of this bill.

o   Health and Human Services Secretary Robert F. Kennedy Jr. recently dismissed the 17-member Advisory Committee on Immunization Practices.

o   Reports estimate that the Department of Health and Human Services has cut over 10,000 employees.

o   The Trump administration has also taken recent actions that limit healthcare coverage for gender-affirming care in its crusade against gender ideology.

·      Supreme Court victory for disability rights

o   The US Supreme Court unanimously held that children with disabilities should have an easier path to sue or seek recourse against schools for failing to provide ADA-compliant accommodations. This lower barrier of entry to bring legal claims represents a significant victory for disability rights groups.

 

Non-lobbying Advocacy

Advocacy can take many forms, and lobbying is just one form. Your organization can engage in non-lobbying activities like: Organizing, educating the public, conducting research, executive branch and regulatory activities, working with your local state board of elections, training and litigation are just a few examples.

 

·      Educating the Public

o   The Arc’s North Carolina chapter, an AFJ member organization, continues to shed light on how recent actions by the Trump administration may have a lasting impact on the rights of students with disabilities.

·      Holding a Rally

o   This February[GU1] [VR2] [VR3] [GU4] , several health and disability rights groups held a Disability Advocacy Day at the Missouri Capitol. During the event, attendees urged the state to withdraw from a lawsuit brought on by 17 attorneys generals, including the Missouri AG. The groups want to keep federal protections for people with disabilities under Section 504 of the Rehabilitation Act. Section 504 provides funds for special accommodations for students and protects qualified individuals with disabilities.

·      Litigation as Advocacy

o   Planned Parenthood of Montana is celebrating a recent legal victory in the abortion space. by The Montana Supreme Court blocked several anti-abortion laws from taking effect in Montana that would institute a 20-week abortion ban and place significant restrictions on abortion-inducing medications.

o   A federal district judge granted a preliminary injunction temporarily blocking a Trump executive order that prohibits prison officials from providing gender-affirming hormone therapy and other accommodations to transgender people. The lawsuit was filed by the ACLU, the ACLU of DC, and the Transgender Law Center.

Lobbying

·      Advocacy Days

o   The Arc Minnesota recently organized a rally day at the Minnesota Capitol to protect disability funding.

·      Legislative Wins

o   California: A coalition of nonprofit organizations successfully pushed SB634, the Unhoused Service Providers Protection Act, off the Senate floor. This bill is designed to increase protections for people and organizations that provide support to the unhoused.

o   New York: The New York State Senate approved a bill that allows people facing terminal illnesses to end their lives on their own terms, which the bill’s proponents say will ensure a measure of autonomy to New Yorkers in their final days. The bill has the support of several health and disability rights groups like Compassion and Choices.

 

Resources

·      Health and Equity: The Advocacy Playbook for Health and Disability Rights

·      Public Charities Can Lobby Factsheet

·      Practical Guidance: What your nonprofit needs to know about lobbying in your state

·      Investing in Change: A Funder’s Guide to Supporting Advocacy

·      What is Advocacy? 2.0

·      Seize the Initiative

 

Today we’re diving into the sixth of our eight-part series, exploring how nonprofits champion democracy and protect voting rights. We’ll unpack the strategies these organizations use to advocate for democratic participation while operating within the law. This conversation feels especially urgent as we see acceleration to challenges to voting rights and democratic institutions in 2025.

 

Attorneys for this episode  

Tim Mooney 

Natalie Ossenfort

Susan Finkle Sourlis 

 

Shownotes

Current Events / Executive Orders

·      Trump Administration Directives on Voting & Civil Rights

o   Disbanded the DOJ Voting Rights Section’s Election Monitoring Program.

o   Rescinded Biden executive order promoting federal agency voter registration partnerships

o   Halted implementation of interagency plans for voter access through social service agencies, and redirecting the Election Assistance Commission to implement draconian requirements outside the scope of its mission his authority over it.

·      Impact on Vulnerable Communities

o   Revoked supporting access to the ballot for voters with disabilities and non-English speakers.

o   Pressured USPS to deprioritize ballot delivery during election periods and issued an EO that attempts to reject mail in ballots postmarked on Election Day but received afterward.

 

Nonlobbying Advocacy

Although you may consider this an off year for federal elections (but many local and state elections are happening this year)  – now is the time to work to ensure the protection of voting rights for the future.

Advocacy can take many forms, lobbying is just one form. There are many ways organizations can advocate for change to ensure democracy and voting rights are secure. Organizing, educating the public, conducting research, executive branch and regulatory activities, working with your local state board of elections, trainings and litigation just to name a few way.

 

Here are some ways organizations have undertake

·      Educate the Public

o   Democracy North Carolina launched a digital explainer on redistricting and gerrymandering for community audiences, and engaged in election protection work. This included monitoring polling stations for long lines, problems with voting, voting misinformation.

·      Hold a Rally or Event

o   Detroit Action organized “Halloween Early Vote,” a trunk or treat in a historically underrepresented part of Detroit, promoting civic pride, early voting… and candy.

·      Litigation as Advocacy

o   Campaign Legal Center and Southern Poverty Law Center sued Louisiana for new proof of citizenship documentation as a violation of federal law.

o   League of United Latin American Citizens, the League of Women Voters Education Fund, the Democratic National Committee and others sued to overturn Trump’s federal elections executive order, successfully enjoining some of the more egregious parts of it.

Foundation-Funded Advocacy

·      Public and private foundations can fund 501(c)(3) nonpartisan voter engagement activities that do not support or oppose candidates for public office.

·      Special rules for private foundations re: voter registration drives (grants must be for nonpartisan VR drives conducted in 5 or more states over multiple election cycles), but community foundations can fund VR even for small, local, grassroots organizations.

·      Ford Foundation and Carnegie Corporation of New York have supported nonpartisan voter education and rights litigation to strengthen democracy and public trust in government.

 

Lobbying

·      Legislative Wins

o   New York: Enacted the John R. Lewis Voting Rights Act, pushed through with support from a coalition including Legal Defense Fund and Citizen Action of NY

o   New Mexico: Passed legislation mandating automatic and same-day voter registration following lobbying by ProgressNow NM and allies.

·      Ballot Measures Protecting Voting Rights

o   Michigan Proposal 2 (2022): Guaranteed early voting and drop boxes; supported by Voters Not Politicians and League of Women Voters of Michigan.

o   Arizona: Local advocates, including Living United for Change in Arizona (LUCHA), defeated multiple voter suppression ballot initiatives.

o   Nevada: Voters passed automatic voter registration (2018) and expanded it further in 2022 with strong nonprofit support.

Resources

·      Democracy & Equity: The Advocacy Playbook for Democracy and Voting Rights

·      Public Charities Can Lobby (Factsheet)

·      Practical Guidance: what your nonprofit needs to know about lobbying in your state

·      Investing in Change: A Funder’s Guide to Supporting Advocacy

·      What is Advocacy? 2.0

·      Seize the initiative

 

On this episode, the fifth installment of our eight-part, issue-specific series, we’ll explore how nonprofits can boldly and safely advocate for gender and reproductive justice. We’ll review recent policy developments and discuss how nonprofits can respond through legislative, executive, and judicial branch advocacy. Join us as we break down the rules and share recent examples of how nonprofits are advancing gender and reproductive justice.  

 

Attorneys for this episode   

Quyen Tu 

Brittany Hacker 

Melissa Marichal Zayas 

 

Shownotes 

• Gender and Reproductive Justice Headlines 

• Executive Branch Actions 

• Since taking office, President Trump has signed several sweeping executive orders that undermine the rights of transgender people and women and reduce access to reproductive health care.  

• These include, for example, orders that terminate federal diversity, equity, and inclusion programs; rescind executive orders that expanded access to reproductive health care; ban transgender people from serving in the military; limit coverage for gender-affirming care; and require federal agencies to recognize only two, “not changeable” sexes. 

• The DOJ has announced that, outside of extraordinary circumstances, it will stop enforcing the Freedom of Access to Clinic Entrances Act, a law that protects reproductive clinic staff from violence and harassment.  

• HHS Secretary Robert F. Kennedy Jr. has directed the FDA to review its approval of the medication abortion pill Mifepristone.  

• We’ve also seen major funding cuts across several agencies. HHS, for example, has terminated NIH grants focused on LGBTQ+ health issues and frozen millions of dollars of Title X funds, which help provide reproductive health services in low-income communities. 

 

• Litigation 

• Many nonprofits, as well as state attorneys general, have filed lawsuits challenging the executive orders that seek to curtail LGBTQ+ rights and DEI initiatives.  

• In February, for example, a group of several civil rights nonprofits, along with Crowell & Moring LLP, filed a lawsuit on behalf of Chicago Women in Trades to challenge the Trump administration’s anti-DEI executive orders. As a result, a federal court has temporarily blocked the Labor Department from requiring Chicago Women in Trades and other federal contracts or grant recipients to certify that they don’t operate any programs that violate Federal anti-discrimination laws, which one of these EOs would require.  

• Many other provisions of these EOs, however, remain in effect as the cases make their way through the courts.  

• The National Council of Nonprofits has a continuously updated chart tracking executive orders that impact nonprofits and their current legal status. Just Security has an even broader resource that is tracking all legal challenges to Trump administration actions. 

 

• Legislation 

• Congress is currently considering deep cuts to Medicaid. These proposed cuts would lead to an estimated 8 million Americans becoming uninsured, and would eliminate all federal funding to Planned Parenthood, including funding for preventative health screenings and testing. Proposed budget cuts would also further restrict transgender peoples’ access to gender-affirming care.  

• In Missouri, the state legislature recently approved a new ballot referendum that, if passed, would repeal last year’s voter-approved constitutional amendment guaranteeing a right to abortion. This ballet referendum will appear on the ballot in November of 2026 or earlier if Missouri’s governor calls a special election.  

 

• What can 501(c)(3)s do to respond?  

• As a reminder, 501(c)(3)s cannot support or oppose candidates for elective public office. This means they can’t engage in activity that helps or hurts the chances of a candidate winning an election. 

• But here’s what they can do: They can engage in an unlimited amount of non-lobbying advocacy, and they can engage in a limited amount of lobbying. 

 

• Non-Lobbying Advocacy  

• Educate the public about issues of importance to your organization 

• The Center for Reproductive Rights’ tool, Repro Red Flags: Agency Watch, which tracks key Trump administration appointments and actions related to reproductive health.  

• PFLAG is tracking and reporting on federal and state legislation and litigation impacting the LGBTQ+ community through its weekly Policy Matters Newsletter and Executive Orders Explainers and Resources web page. 

• The National Women’s Law Center has released a report highlighting how the cuts would impact women and LGBTQ+ individuals. 

• Engage in administrative advocacy 

• A March letter sent by Equal Rights Advocates and several other civil rights organizations to Acting EEOC Chair Andrea Lucas urges her to immediately withdraw a series of letters and guidance documents pressuring employers to abandon DEI programs.  

• Hold a rally 

• In April, the Coalition for Inclusive Schools & Communities, Live in Your Truth, and the Montgomery County Pride Family held a  rally in support of inclusive education outside the U.S. Supreme Court during oral arguments in Mahmoud v. Taylor. 

• Initiate or participate in litigation 

• In May, a Michigan state court permanently struck down three of Michigan’s abortion restrictions, agreeing with Northland Family Planning Centers and Medical Students for Choice—two nonprofits plaintiffs represented by the Center for Reproductive Rights—that the restrictions violate the state’s constitutional amendment. 

• Fund advocacy 

• Public and private foundations can fund advocacy through general operating grants or specific project grants. 

 

• Lobbying 

• 501(c)(3) public charities can engage in lobbying, but they are limited in how much lobbying they may engage in. 

• Under the federal tax rules, most public charities can choose between two tests to determine how much lobbying they can engage in: the insubstantial part test or the 501(h) expenditure test. 

• Under either test, lobbying includes attempts to influence legislation at any level of government. The exact activities that will count as lobbying will depend on which test the organization uses.  

• When engaging in lobbying, remember to track and report your lobbying on your annual Form 990, stay within your lobbying limits, and use unrestricted funds.  

• In addition to the tax rules, federal, state, or local level lobbyist registration and reporting requirements may apply when engaging in legislative and executive branch advocacy. These requirements vary by state and city, so make sure to confirm the types of activities and thresholds that trigger reporting in the jurisdictions where you are lobbying.  

• The IRS considers ballot measure advocacy a form of direct lobbying because the voters act as legislators when they vote to approve or reject a ballot measure, but keep in mind that your organization may also be required to register and report on ballot measure activity under state or local campaign finance laws. 

• Since 2022, 501(c)(3) public charities have helped to pass ballot measures that establish a right to abortion in eleven states.   

Resources 

• The Advocacy Playbook for Gender and Reproductive Justice 

• Public Charities Can Lobby (Factsheet) 

• What is Advocacy? 2.0 (Factsheet) 

• Administrative Advocacy: Influencing Rules, Regulations, and Executive Orders (Factsheet) 

• What Nonprofits Needs to Know About Lobbying in Your State   

• Understanding the Federal Lobbying Disclosure Act (Factsheet) 

• Investing in Change: A Funder’s Guide to Supporting Advocacy 

In today’s episode continuing our eight-part series, we examine how nonprofits are effectively advocating for environmental justice. We’ll analyze practical strategies for building awareness and securing advocacy funding while navigating the regulatory frameworks that govern nonprofit activism. Join us for a clear-eyed look at how organizations are making meaningful progress in environmental protection and climate action. 

 

Attorneys for this episode  

Tim Mooney 

Quyen Tu 

Susan Finkle Sourlis 

 

Shownotes

 

Current Events / Executive Orders: 

• Trump Administration Environmental Rollbacks 

• Rescinded EPA’s Environmental Justice Screening Tool (EJSCREEN) 

• Repealed Biden-era executive orders on Justice40, climate equity, and cumulative impacts assessments 

• Reinstated NEPA rules from 2019, reducing environmental review for pipelines, highways, and factories 

• Revoked protections for sacred Indigenous lands (e.g., Bears Ears downsizing, drilling leases on Chaco Canyon perimeter) 

• Impacts on Vulnerable Communities: 

• Halted all EPA funding for community air monitoring programs in EJ-designated census tracts 

• Suspended grants to community-based climate resilience projects 

• Cut FEMA’s BRIC (Building Resilient Infrastructure and Communities) equity prioritization language 

• Reopened refineries and power plants previously closed for Clean Air Act violations, especially in Black and Latino neighborhoods 

• EPA DEI cuts: 

• Environmental Protection Agency (EPA) has announced plans to cancel nearly 800 environmental justice grants, totaling over $1.5 billion, which were intended to support projects mitigating climate change impacts in vulnerable communities . 

•  Additionally, the EPA is undergoing a reduction in force, affecting employees in its Office of Environmental Justice and External Civil Rights, as part of a broader effort to realign the agency’s mission 

 

·      Non-Lobbying Advocacy

o   Nonpartisan Advocacy 101: 501(c)(3)s cannot support or oppose candidates for public office, but they can…

o   Educate the public about issues of importance to your organization.

§  Waterkeeper Alliance is holding EPA Admin Lee Zeldin accountable for cuts to PFAS research.

o   Hold a rally

§  Memphis Community Against Pollution rallied to celebrate a victory for clean water, while turning its attention to a clean air fight against an Elon Musk-owned company’s proposed data center.

o   Initiate or participate in litigation

§  AFJ member Earthjustice has sued the Trump administration’s improper withholding of IRA grant funds for projects that included Rural Energy for America Program (REAP) grants to install solar panels on small farms.

o   Fund Advocacy

§  Meyer Memorial Trust funded  41 organizations with EJ awards totaling $6.9 million in 2024 with a focus on frontline and indigenous communities

 

·      Lobbying

o   501(c)(3) public charities are also allowed to use unrestricted funds to engage in some lobbying activities.

o   Tax Code Lobbying 101: Public charities can lobby, but they are limited in how much lobbying they may engage in.

§  Insubstantial part test vs. 501(h) expenditure test.

§  Under either test, lobbying includes attempts to influence legislation at any level of government.

§  Track your local, state, and federal lobbying, and stay within your lobbying limits.

o   State/local level lobbyist registration and reporting requirements may also apply when engaging in legislative and executive branch advocacy.

o   Ballot measure advocacy (direct lobbying) could also implicate state / local campaign finance and election laws.

o   Lobbying wins

§  Hawaii just passed a first-of-its-kind climate tax on short-term accommodations to fund defenses against climate change fueled disasters. Sierra Club of Hawaii has been actively lobbying on climate change legislation for years.

§  Ballot measure wins (h/t The Nature Conservancy)

·      California: $10 billion climate bond that funds climate resilience, protecting clean drinking water and preventing catastrophic wildfires. 

·      Washington: An effort to roll back the state’s Climate Commitment Act was defeated. The CCA provides millions for conservation, climate and wildfire funding, including funding for Tribal nations and at-risk communities.

·      Minnesota: Renewal of the Environment and Natural Resources Trust Fund for another 25 years. The fund will provide $2 billion ($80 million per year from state lottery proceeds) to protect water, land and wildlife across the state.

Resources –

·      Earth & Equity: The Advocacy Playbook for Environmental Justice

·      Public Charities Can Lobby (Factsheet)

·      Practical Guidance: what your nonprofit needs to know about lobbying in your state

·      Investing in Change: A Funder’s Guide to Supporting Advocacy

·      What is Advocacy? 2.0