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Lawsuits - Pending

National Organization for Marriage (NOM) v. United States Internal Revenue Service (IRS)

Case #: 14-2363 (4th Circuit); 1:13cv1225 (JCC/IDD)
Court Level: 4th Circuit Court of Appeals
Date Filed:3 October 2013
Date of Appeal: 15 December 2014
Ruling Date:16 October 2014


  • 3 October 2013, NOM filed a federal lawsuit against the Internal Revenue Service seeking damages over the allegedly illegal release of the organization’s 2008 confidential tax return, which allegedly went to the Human Rights Campaign (HRC).
  • Prior to filing this suit, in April 2012, In April 2012, NOM filed a formal letter of complaint to the IRS.
  • In May 2013, U.S. Attorney General Eric Holder ordered the FBI to begin a criminal probe into allegations that the IRS had targeted tax-exempt conservative political groups. It was discovered that the IRS actually scrutinized progressive groups more extensively than conservative ones.
  • 3 June 2013, U.S. District Court Judge James C. Cacheris called NOM's allegations "unconvincing" and "unpersuasive," and said that NOM hadn't produced one shred of proof for its allegations. However, Cacheris did allow NOM to proceed with its claims for legal fees and any proven damages resulting from an unintentional leak.
  • 24 June 2013, the IRS agreed to pay NOM $50,000 in damages for an inadvertent leak.
  • 16 October 2014, Judge Cacheris denied NOM's motion for attorney fees and ordered it so.
  • 15 December 2014, NOM appealed the order denying attorney's fees to the 4th Circuit.
  • 22 December 2014, the Briefing Order was issued by the 4th Circuit, with the opening brief due 2 February 2015, and briefing to be complete by the end of March 2015.
  • 4 March 2015, NOM filed its opening brief.
  • 15 April 2015, the United States filed its Response Brief.
  • 29 April 2015, NOM filed their Reply Brief.
  • 5 June 2015, this case was tentatively placed on the oral argument calendar for the session of 15-17 September 2015.