Year
Issue Area
Court
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
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.
Amicus Commentary
- All
Can calling an artist a “monopoly of one” displace the First Amendment?
Public accommodations laws โhelp ensure a free and open economy.โ Traditionally, public accommodations 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…
New AFP Foundation brief seeks to close legal loophole banning religious schools from tuition assistance
Should a childโs opportunity for education turn on the religious perspective of the child? Should it turn on the religious perspective of the school? What if the school is just a little bit religious? Or too religious? Would that matter? It would if the child lives in an area of Maine with no public school.…
Cheerleading, social media, and free speech: What the Supreme Court’s decision in Mahanoy School District v. B.L. means for students’ First Amendment rights
One of the biggest student free speech cases in the last half century started with a high school cheerleader and a profanity-laced Snapchat. The implications of that terse, ephemeral message extend well beyond the original hundred-plus friends with whom the freshman student shared her post. In a decision today, the U.S. Supreme Court ruled 8-1…
Supreme Court unanimously rules FTC must comply with the law
Today, the Supreme Court ruled 9-0 in an opinion delivered by Justice Breyer that the Federal Trade Commission must comply with the law and end its ultra vires pursuit of money damages. The opinion presents a straightforward statutory interpretation of the scope of FTC enforcement power under Section 13(b) of the FTC Act, which allows…
In Uzuegbunam, the Supreme Court validates nominal damages as a means of protecting constitutional rights
Thanks to the Supreme Courtโs March 8, 2021, ruling in Uzuegbunam v. Preczewski, No. 19-968, that a claim for nominal damages is enough to maintain standing, plaintiffsโ ability to seek vindication in court for infringement of speech rights is secure, even where the plaintiff cannot prove monetary harm. As Casey Mattox and I recently wrote…
Americans for Prosperity Foundation and yes. every kid. file brief in Supreme Court educational freedom case
Every kid needs and deserves a quality education โ one that provides them with essential skills and helps them find and develop their talents and interests. Our nationโs education system should be flexible and responsive enough to support students as they identify the subjects and practices that engage them and drive their passion. Thatโs the…
Chevron Deference Meets Madison’s ‘Very Definition of Tyranny’