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Amicus Briefs


  • Amicus Brief: CIC Services v. Internal Revenue Service
    Amicus Brief: CIC Services v. Internal Revenue Service

    "This court should reverse the decision below and clarify that the AIA does not bar pre-enforcement challenges to the validity of tax rules under the APA."

    July 23, 2020

  • Amicus Brief: American Society of Journalists v. Xavier Becerra
    Amicus Brief: American Society of Journalists v. Xavier Becerra

    This court should reverse the district court, join its sister circuits in affirming that Reed is the law of the land, and grant journalists their day in court.

    May 22, 2020

  • Amicus Brief: Higginson v. Becerra
    Amicus Brief: Higginson v. Becerra

    The right to vote, like the rights guaranteed by the Equal Protection Clause, is an individual right. Vote dilution claims, however, treat people simply as members of their racial group.

    May 11, 2020

  • Amicus Brief: Jessop v. City of Fresno
    Amicus Brief: Jessop v. City of Fresno

    "Now, not only can officials seize and retain personal property with little judicial oversight under the guise of civil asset forfeiture; law enforcement also can outright steal personal property for their own use with impunity and without fear of civil liability. "

    March 19, 2020

  • Amicus Brief: Students for Fair Admissions v. Harvard
    Amicus Brief: Students for Fair Admissions v. Harvard

    Harvard’s discrimination against Asian American applicants prolongs a long history of discrimination against Asian Americans in the United States. The judgment of the district court should be reversed.

    February 26, 2020

  • Amicus Brief: West v. Winfield
    Amicus Brief: West v. Winfield

    The reasoning embraced by the Ninth and Second Circuits—requiring a Section 1983 plaintiff to point to a decided case with identical, or nearly so, factual allegations in order to defeat qualified immunity—sets an impossible standard

    February 20, 2020

  • Amicus Brief: Torres v. Madrid
    Amicus Brief: Torres v. Madrid

    This Court should reverse the Tenth Circuit and return uniformity and predictability to the Court’s Fourth Amendment jurisprudence.

    February 8, 2020

  • Amicus Brief: Fleck v. Wetch
    Amicus Brief: Fleck v. Wetch

    The case warrants this Court’s review because many state and local governments are refusing to comply with Janus’ waiver requirement.

    December 26, 2019

  • Amicus Brief: Salgado v. United States
    Amicus Brief: Salgado v. United States

    Because lower courts have charted a course around CAFRA’s fee-shifting provision, inefficient and unmeritorious civil asset forfeiture actions are not adequately deterred.

    December 17, 2019

  • Amicus Brief: Shaffer v. Pennsylvania
    Amicus Brief: Shaffer v. Pennsylvania

    This Court should grant the petition for a writ of certiorari to clarify the applicability — if any — of the “private search” doctrine to today’s digital world.

    December 16, 2019

  • Amicus Brief: Valent v. Commissioner of Social Security
    Amicus Brief: Valent v. Commissioner of Social Security

    The Supreme Court should take this case to resolve the question of what tools the lower courts must employ in a search for the meaning of a statute.

    September 19, 2019

  • Amicus Brief: Espinoza v. Montana Department of Revenue
    Amicus Brief: Espinoza v. Montana Department of Revenue

    The Supreme Court should act to protect religiously neutral student-aid programs from lower court rulings and state government actions that run afoul of the federal constitution.

    September 17, 2019

  • Amicus Brief: Competitive Enterprise Institute and National Review v. Michael E. Mann
    Amicus Brief: Competitive Enterprise Institute and National Review v. Michael E. Mann

    If this were the law anywhere in the country, it would represent a profound danger to free speech and debate.

    July 17, 2019

  • Amicus Brief: US District Court Should Dismiss the Indictment in US v. Lacey, et al
    Amicus Brief: US District Court Should Dismiss the Indictment in US v. Lacey, et al

    The government may not prosecute a speaker for his or her speech unless and until the government establishes that the speech is not protected.

    May 29, 2019

  • Amicus Brief: Court Ruling ‘Allows Police Officers to Steal From Suspects With Impunity’
    Amicus Brief: Court Ruling ‘Allows Police Officers to Steal From Suspects With Impunity’

    By insulating even egregious misconduct from liability whenever there is no prior case specifically on point, the panel’s reasoning extends qualified immunity doctrine to its extreme.

    May 13, 2019

  • Amicus Brief: Supreme Court Should Hear Montana School Choice Case, Espinoza v. Montana Department of Revenue
    Amicus Brief: Supreme Court Should Hear Montana School Choice Case, Espinoza v. Montana Department of Revenue

    This court should grant the petition to provide legal clarity for the many states seeking to increase educational opportunities for all children.

    April 12, 2019

  • Amicus Brief: Law Enforcement, Without a Warrant, Strip-Searched and Photographed a Four-Year-Old Girl at Her Preschool
    Amicus Brief: Law Enforcement, Without a Warrant, Strip-Searched and Photographed a Four-Year-Old Girl at Her Preschool

    Qualified immunity denies justice to victims of unconstitutional misconduct. It imposes cost-prohibitive burdens on civil-rights litigants. And it harms the very public officials it seeks to protect.

    April 10, 2019

  • Amicus Brief: Mitchell v. Wisconsin
    Amicus Brief: Mitchell v. Wisconsin

    The court should reject Wisconsin’s claim that it can impute consent sufficient to sustain a warrantless search merely from an individual’s choice to drive on the state’s roadways.

    March 4, 2019

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