Year
Issue Area
Court
2025
Express Scripts v. FTC
Question Presented
Whether the FTCโs administrative prosecutionโwhere it acts as prosecutor and judge of its own cause, invariably ruling for itselfโviolates the U.S. Constitution, including Article III, and the Due Process Clause of the Fifth Amendment, and whether it is therefore void ab initio and must be enjoined.
2025
Wilcox v. Trump
Question Presented
Whether the President has authority under Article II of the Constitution to remove a Member of the National Labor Relations Board without first having to bear the burden of establishing neglect of duty or malfeasance in office.
2025
Harper v. O’Donnell
Question Presented
Does the Fourth Amendment permit warrantless searches of customer records held by third-party service providers if the records are contractually owned by the customer, or if those records enable surveillance of future behavior? If not, does the third-party doctrine need to be discarded or modified to prevent such searches?
2025
Aaron Richards et al. v. Administration for Children’s Services
Question Presented
Does a family court order, which authorizes Child Services to enter and search an innocent motherโs home and supervise her parenting, violate the motherโs Fourth Amendment right to be free from unreasonable searches?
2025
Oklahoma Statewide Charter School Board v. Drummond
Question Presented
1. Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students.
2. Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the stateโs charter-school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires.
2025
Mahmoud v. Taylor
Question Presented
Whether public schools burden parentsโ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parentsโ religious convictions and without notice or opportunity to opt out.
2025
Texas Top Cop Shop v. Bondi
Question Presented
Whether the Corporate Transparency Act exceeds constitutional limits on the federal governmentโs powers.
2025
First Choice v. Platkin
Question Presented
Where the subject of a state investigatory demand has established a reasonably objective chill of its First Amendment rights, is a federal court in a first-filed action deprived of jurisdiction because those rights must be adjudicated in state court.
2025
FCC v. Consumersโ Research
Question Presented
Whether 47 U.S.C. ยง 254 violates the nondelegation doctrine by imposing no objective limit on the revenue to be raised for the Universal Service Fund. 2. Whether the FCC violates the private nondelegation doctrine by transferring its revenue raising power to the Universal Service Administrative Company, a private company run by industry interest groups. 3. Whether the combination of those two delegations violates the nondelegation doctrine. Whether this case is moot in light of the challengersโ failure to seek preliminary relief before the Fifth Circuit.
2025
Jakeโs Fireworks v. CPSC
Question Presented
Whether judicial review under the Administrative Procedure Act for CPSC notices of violation is unavailable until the agency further acts through formal enforcement.
2025
Lesh v. United States
Question Presented
Whether the Constitutionโs dual guarantee of trial by jury contains an unstated exception for โpetty offenses.โ
Amicus Commentary
- All
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 Consumersโ Research v. Federal Communications Commission, urging the Court to grant Consumers Researchโs cert petition and enforce the Constitutionโs system of checks and balances. At issue is the constitutionality of the Universal Service Fund, a social welfare program that subsidizes certain consumersโ 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 Postโs challenge to a 2011 debit-fees regulation that Corner Post believes to be beyond the Boardโs power. The question presented may seem dry: when does…
303 Creative LLC v Elenis: The Biggest Supreme Court Free Speech Case You Might Not Have Heard About
A small independent website designer in Colorado is getting national attention. Why? The U.S. Supreme Court will hear a case next week about whether the government can force her to say something that goes against her personal beliefs. Itโs one of the biggest free speech cases this Supreme Court term. And you may not have…
Tiwari v. Friedlander asks: Is depriving patients of medical services rational?
Commonplace in the market for medical services, certificate-of-need laws prohibit medical providers from practicing or expanding unless they can demonstrate not only โneedโ for their proposed services but also survive a bureaucratic gauntlet that can take years, cost thousands of dollars, and allow competitors โ existing and potential โ to challenge the application. The result…
303 Creative LLC v. Elenis asks whether artists can be compelled to speak
Public accommodations laws help ensure a free and open economy. Traditionally, these laws have been applied to, well, public accommodations, such as hotels, or โwhat the old common law promised to any member of the public wanting a meal at the inn, that accepting the usual terms of service, they will not be turned away…
Kennedy v. Bremerton School District shows why a high school football coach’s prayer may be important for academic freedom
Government employs a veritable army of teachers, professors, graduate students, undergraduate work-study students, as well as coaches, teachersโ aides, tutors, and administrators. To what degree can government, as an employer, punish the people it hires for their own personal expression? Thatโs a live question. The First Amendment protects citizens from the government. The government doesnโt…
Censorship by stealth: Can government officials censor speech by pressuring third parties to do it for them?
For this newsletter, Iโm 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. โ 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…