Year
Issue Area
Court
2025
Lucid Group USA v. State of Georgia
Question Presented
Whether a Georgia law that prohibits EV manufacturers (with one exception) from selling cars directly to consumers violates the Georgia Constitution’s Due Process, Equal Protection, and Uniformity Clauses because the law is arbitrary and irrational and fails to advance any legitimate state interest in regulating.
2025
Ream v. U.S. Department of Treasury
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.
2025
Center for Arizona Policy, Inc. v. Arizona Secretary of State
Question Presented
Whether Arizona’s Prop 211, which requires multi-layer donor disclosure for issue advocacy, violates the First Amendment.
2025
Stovall v. Jefferson County Board of Education
Question Presented
Whether the Copyright Act allows for the withholding of public records under the Kentucky Open Records Act.
2025
Chiles v. Salazar
Question Presented
Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause.
2025
Express Scripts v. FTC
Question Presented
Whether the FTC’s administrative prosecution—where it acts as prosecutor and judge of its own cause, invariably ruling for itself—violates the U.S. Constitution, including Article III, and the Due Process Clause of the Fifth Amendment, and whether it is therefore void ab initio and must be enjoined.
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 mother’s home and supervise her parenting, violate the mother’s 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 state’s 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 parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ 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 government’s powers.
Amicus Commentary
- All
In Uzuegbunam, the Supreme Court validates nominal damages as a means of protecting constitutional rights
Thanks to the Supreme Court’s March 8, 2021, ruling in Uzuegbunam v. Preczewski, No. 19-968, that a claim for nominal damages is enough to maintain standing, plaintiffs’ 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 — one that provides them with essential skills and helps them find and develop their talents and interests. Our nation’s 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. That’s the…
Narrow question in Supreme Court campus speech case has broad First Amendment implications
The Supreme Court hears oral argument today in Uzuegbunam v. Preczewski, addressing whether “a government’s post-filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government’s past, completed violation of a plaintiff’s constitutional right.” Translation? The justices are deciding whether people whose rights have been violated should have their day in court even…
SCOTUS has chance to clarify the muddy waters of takings jurisprudence in Cedar Point v. Hassid
From before the founding, the “fundamental maxims of a free government [have] seem[ed] to require, that the rights of personal liberty and private property should be held sacred.” The Takings Clause of the Fifth Amendment exists to protect those sacred rights from unfettered state appropriation by requiring: first, that any taking of private property be…
Supreme Court should protect citizens’ rights to freely access U.S. waters
When Jim and Cliff Courtney sought to offer private boat transportation so customers could conveniently access their businesses — including Stehekin Valley Ranch, with cabins and a lodge house in the Lake Chelan National Recreation Area — the state of Washington denied their right to do so unless the Courtneys could prove the existing ferry…
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…