Amicus Briefs

Americans for Prosperity and Americans for Prosperity Foundation frequently write amicus curiae briefs to support other litigants and present important issues to courts. Please contact us at amicus@afphq.org if you would like amicus support for your case.

Year

Issue Area

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
Jakeโ€™s 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 Constitutionโ€™s dual guarantee of trial by jury contains an unstated exception for โ€œpetty offenses.โ€

2024
Salaam v. Trump
Question Presented

2024
McNutt v. U.S. Department of Justice
Question Presented

Whether a federal ban on at-home distilling of spiritsโ€”even for personal useโ€”exceeds constitutional limits on the federal governmentโ€™s powers.

2024
Texas Top Cop Shop v. Garland
Question Presented

Whether the Corporate Transparency Act exceeds constitutional limits on the federal governmentโ€™s powers.

2024
L.M. v. MiddleBorough
Question Presented

What legal standard is applicable to a studentโ€™s untargeted ideological speech that promotes a viewpoint different from the schoolโ€™s preferred viewpoint.

2024
TOMA, et al. v. FONTES et al.
Question Presented

Whether Arizona’s Prop 211, which requires multi-layer donor disclosure for issue advocacy, violates the First Amendment.

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 Presidentโ€™s authority to remove the CPSCโ€™s Commissioners violate the separation of powers? 2. Should Humphreyโ€™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.

Amicus Commentary

All
  • 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 Researchโ€™s cert petition and enforce the Constitutionโ€™s 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…

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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 Postโ€™s challenge to a 2011 debit-fees regulation that Corner Post believes to be beyond the Boardโ€™s power.  The question presented may seem dry: when does…

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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. Itโ€™s one of the biggest free speech cases this Supreme Court term. And you may not have…

Read More about 303 Creative LLC v Elenis: The Biggest Supreme Court Free Speech Case You Might Not Have Heard About
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 โ€œneedโ€ 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…

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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 โ€œwhat 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…

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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? Thatโ€™s a live question. The First Amendment protects citizens from the government. The government doesnโ€™t…

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