Year
Issue Area
Court
2024
Cooper v. U.S.
Question Presented
Whether the Court should overrule the frisk holding of Terry v. Ohio, 392 U.S. 1 (1968), which allows police officers to search people absent probable cause to arrest.
2024
Leachco Inc. v. CPSC
Question Presented
1. Does the for-cause restriction on the President’s authority to remove the CPSC’s Commissioners violate the separation of powers? 2. Should Humphrey’s Executor v. United States be overruled? 3. For purposes of preliminary-injunctive relief, can a separation-of-powers violation cause irreparable harm or can separation-of-powers violations never cause irreparable harm?
2024
Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al.
Question Presented
Whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority.
2024
Lackey v. Stinnie
Question Presented
Whether a plaintiff may be awarded attorney fees as a prevailing party under Section 1988 when a government defendant changes its policy and moots the case before adjudication on the merits.
2024
BB v. Capistrano Unified School District
Question Presented
Whether elementary school students possess First Amendment speech rights in public schools, and if so, to what extent.
2024
Toma, et al. v. Fontes, et al.
Question Presented
Whether the Arizona state legislature has standing to challenge the donor disclosure law known as Proposition 211.
2024
Consumers’ Research et al. v. CPSC
Question Presented
Whether the for-cause restriction on the President’s authority to remove Commissioners of the Consumer Product Safety Commission violates the separation of powers.
2024
Custodia Bank, Inc. v. Federal Reserve Board of Governors et al.
Question Presented
Whether 12 U.S.C. Section 248a permits the Federal Reserve Board of Governors and Federal Reserve Banks to deny an eligible depository institution a master account.
2024
Iowa et al. v. SEC
Question Presented
Whether SEC exceeded its authority when it enacted the Rule, which attempts to address a major question without clear authorization from Congress.
2024
Powell et al. v. SEC
Question Presented
1. Whether the Commission acted contrary to constitutional right by refusing to amend 17 C.F.R. § 202.5(e) because the rule violates First Amendment and due process rights and is against public policy. 2. Whether the Commission acted in excess of statutory authority and without observance of procedure required by law by refusing to amend 17 C.F.R. § 202.5(e), which improperly binds individuals outside of SEC. 3. Whether the Commission acted arbitrarily and capriciously when it failed to provide a reasoned explanation for denying the petition to amend 17 C.F.R. § 202.5(e).
2024
National Small Business United v. U.S. Department of Treasury
Question Presented
Whether the Corporate Transparency Act exceeds Congress’s powers by requiring entities formed under State law to report personal information of their owners and applicants solely due to the fact of their formation, regardless of whether they participate in interstate commerce.
2024
Villarreal v. City of Laredo
Question Presented
Whether qualified immunity precludes a First Amendment claim against police officers who arrested a reporter for asking an officer to confirm information she was planning to use in a news article.
Amicus Commentary
- All
Americans for Prosperity Foundation releases summary of engagement for Supreme Court October 2023 term
Arlington, VA – Americans for Prosperity Foundation today released a report of its amicus engagement during the October 2023 Supreme Court term. AFPF Chief Policy Counsel James Valvo said: This term the Supreme Court upheld protections for free expression, ruling the government cannot coerce companies to stop doing business with organizations based on their speech. The…
Have you heard of these cases before the Supreme Court? Here’s why they should matter to you
UPDATE: On 5/30/2024, in a win for the First Amendment, the Supreme Court unanimously decided in NRA v. Vullo that government officials cannot pressure or otherwise coerce organizations to terminate certain business relationships when doing so infringes the First Amendment rights of the third party. This Supreme Court term has been full of high-profile cases.…
Congress, not bureaucrats, should make federal criminal law
By Michael Pepson Would it surprise you to know that Congress has granted the Bureau of Land Management (BLM) unfettered power to write its own criminal code governing one-tenth of the land in the United States? A Nevada federal court ruled that Congress unconstitutionally transferred its legislative power to write crimes to the BLM. Last…
Freelancing or free speech? California’s AB5 gets speaking professionals coming and going
Threats to free speech can be veiled as restrictions on economic activity. California’s AB5 is the latest example. Many people who don’t prefer traditional office environments have benefited from independent contracting. From freelance photographers to truckers to massage therapists, workers can find freedom in setting their own hours and being their own boss. California took…
Censorship by stealth: Can government officials censor speech by pressuring third parties to do it for them?
For this newsletter, I’m delighted to have Cindy Crawford, AFPF Senior Policy Counsel, take over to discuss censorship by stealth and two upcoming cases in front of the U.S. Supreme Court. – Casey UPDATE: On 5/30/2024, in a win for the First Amendment, the Supreme Court unanimously decided in NRA v. Vullo that government officials…
The Supreme Court can stop unelected bureaucrats and private corporations from imposing taxes
Americans for Prosperity Foundation recently filed a friend-of-the-court brief in the U.S. Supreme Court in Consumers’ Research v. Federal Communications Commission, urging the Court to grant Consumers Research’s cert petition and enforce the Constitution’s system of checks and balances. At issue is the constitutionality of the Universal Service Fund, a social welfare program that subsidizes certain consumers’ telecommunications services at…
Corner Post gives Supreme Court a chance to keep the courthouse doors open to new businesses harmed by stale, lawless regulations
by Michael Pepson Americans for Prosperity Foundation filed a friend-of-the-court brief in the U.S. Supreme Court in Corner Post, Inc. v. The Federal Reserve, urging the Court to allow Corner Post’s challenge to a 2011 debit-fees regulation that Corner Post believes to be beyond the Board’s power. The question presented may seem dry: when does…
NetChoice and the “Informational Interest”: Can the Government Ensure You Listen to the Right Message?
The Supreme Court’s decision in NetChoice v. Moody, the much-anticipated challenge to Texas’s regulation of social media companies, was not the barnburner many had anticipated. Instead of deciding the First Amendment question directly, the Court found that neither lower court did the proper facial analysis, meaning they must not only find a First Amendment violation…