Amicus Briefs

Question Presented

Does the Magnuson-Stevens Act give the National Marine Fisheries Service the authority to require that certain fishermen pay the salaries of agency-approved at-sea monitors, and did the district court properly apply Loper Bright’s independent, best-judgment interpretive standard?

Question Presented

Whether the Internal Revenue Code violates the Seventh Amendment and Article III by authorizing the IRS to order the payment of monetary penalties for fraud without providing the taxpayer a jury trial.

Question Presented

Whether exacting scrutiny governs a First Amendment challenge to 26 U.S.C. § 6033(b)(5)’s requirement that nonprofit organizations disclose their “substantial contributors.

Question Presented

(1) Should the Court overrule Raich’s holding that Congress can regulate purely local economic activity if there is any “rational basis” that such activity substantially affects interstate commerce? (2) Has Congress validly prohibited the purely local growing, distribution, and possession of state-regulated marijuana under the Commerce Clause and Necessary and Proper Clause?

Question Presented

When it is obvious that a government official’s conduct violates the Constitution under longstanding Supreme Court precedent, is the violation clearly established for purposes of qualified immunity despite some factual distinctions that are irrelevant under the governing constitutional rule?

Question Presented

Does a federal court enjoy equitable authority under the Freedom of Information Act to order the return or destruction of records released by an agency, even when such disclosure is allegedly inadvertent, and can it also prohibit further use or dissemination of such records by their recipient.

Question Presented

Does a family court order, which authorizes Child Services to enter and search an innocent mother’s home and supervise her parenting, violate the mother’s Fourth Amendment right to be free from unreasonable searches?

Question Presented

Does the Wyoming ESA Program violate the Wyoming Constitution?

*The Wyoming Supreme Court denied leave to file this brief.

Question Presented

Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether Humphrey’s Executor v. United States should be overruled.

Question Presented

Whether, when the subject of a state investigatory demand has established a reasonably objective chill of its First Amendment rights, a federal court in a first-filed action is deprived of jurisdiction because those rights must be adjudicated in state court.

Question Presented

(1) Whether it obviously violates the First Amendment to arrest someone for asking government officials questions and publishing the information they volunteer; and (2) whether qualified immunity is unavailable to public officials who use a state statute in a way that obviously violates the First Amendment, or instead shields those officials.

Question Presented

Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.