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

2025
The Buckeye Institute v. Internal Revenue Service
Question Presented

1. 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.

2025
Canna Provisions Inc. et al. v. Bondi
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?

2025
National Rifle Association of America v. Vullo
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?

2025
Gun Owners of America, Inc. v. ATF
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.

2025
In re Liam M.
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
Leck v. Wyoming Education Association
Question Presented

Does the Wyoming ESA Program violate the Wyoming Constitution?

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

2025
Trump et al. v. Slaughter et al.
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.

2025
First Choice Women’s Resource Centers, Inc. v. Platkin
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.

2025
Villarreal v. Alaniz
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.

2025
Case v. Montana
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.

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.

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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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…

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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…

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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…

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