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
Salaam v. Trump
Question Presented

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

Whether a federal ban on at-home distilling of spirits—even for personal use—exceeds constitutional limits on the federal government’s powers.

2024
Texas Top Cop Shop v. Garland
Question Presented

Whether the Corporate Transparency Act exceeds constitutional limits on the federal government’s powers.

2024
L.M. v. MiddleBorough
Question Presented

What legal standard is applicable to a student’s untargeted ideological speech that promotes a viewpoint different from the school’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 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.

Amicus Commentary

All
  • All
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…

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New AFP Foundation brief seeks to close legal loophole banning religious schools from tuition assistance

Should a child’s 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.…

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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…

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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…

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