I’m glad that you appear to agree with me that there is no obvious basis for believing the Supreme Court would surely rule the current “no partisan politicking” rule unconstitutional. Of course, I don’t want to see a “fix” of this non-existent problem by Congress either.
I just wanted to respond to one point you made about unions. Congress has decided that unions (as well as some veterans’ organizations) can be tax-exempt and still engage in some partisan activities. However, Congress has also decided that most tax-exempt groups will be placed in the category of a 501 (c) (3) organization–all of which are treated identically. For them, there is a complete bar on partisan politicking because they all are supposed to have as their principal purpose educational, religious, or charitable activities. This seems completely rational to me. Jay, if you want to stop unions from having a dues exemption, you’ll have to take it up with Congress.