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

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 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.

Amicus Commentary

All
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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. It’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 “need” for their proposed services but also survive a bureaucratic gauntlet that can take years, cost thousands of dollars, and allow competitors — existing and potential — to challenge the application. The result…

Read More about Tiwari v. Friedlander asks: Is depriving patients of medical services rational?
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 “what 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…

Read More about 303 Creative LLC v. Elenis asks whether artists can be compelled to speak
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, teachers’ aides, tutors, and administrators. To what degree can government, as an employer, punish the people it hires for their own personal expression? That’s a live question. The First Amendment protects citizens from the government. The government doesn’t…

Read More about Kennedy v. Bremerton School District shows why a high school football coach’s prayer may be important for academic freedom
Can calling an artist a “monopoly of one” displace the First Amendment?

Public accommodations laws “help ensure a free and open economy.” Traditionally, public accommodations laws have been applied to, well, public accommodations, such as hotels, or “what 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…

Read More about Can calling an artist a “monopoly of one” displace the First Amendment?