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
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
2024
McNutt v. U.S. Department of Justice
Question Presented
Whether a federal ban on at-home distilling of spiritsโeven for personal useโexceeds constitutional limits on the federal governmentโs powers.
2024
Texas Top Cop Shop v. Garland
Question Presented
Whether the Corporate Transparency Act exceeds constitutional limits on the federal governmentโs powers.
2024
L.M. v. MiddleBorough
Question Presented
What legal standard is applicable to a studentโs untargeted ideological speech that promotes a viewpoint different from the schoolโs 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 Presidentโs authority to remove the CPSCโs Commissioners violate the separation of powers? 2. Should Humphreyโs 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
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…
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…