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
Jakeโ€™s 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 Constitutionโ€™s dual guarantee of trial by jury contains an unstated exception for โ€œpetty offenses.โ€

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 spiritsโ€”even for personal useโ€”exceeds constitutional limits on the federal governmentโ€™s powers.

2024
Texas Top Cop Shop v. Garland
Question Presented

Whether the Corporate Transparency Act exceeds constitutional limits on the federal governmentโ€™s powers.

2024
L.M. v. MiddleBorough
Question Presented

What legal standard is applicable to a studentโ€™s untargeted ideological speech that promotes a viewpoint different from the schoolโ€™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 Presidentโ€™s authority to remove the CPSCโ€™s Commissioners violate the separation of powers? 2. Should Humphreyโ€™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.

Amicus Commentary

All
  • All
SCOTUS has chance to clarify the muddy waters of takings jurisprudence in Cedar Point v. Hassid

From before the founding, the โ€œfundamental maxims of a free government [have] seem[ed] to require, that the rights of personal liberty and private property should be held sacred.โ€ 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…

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Supreme Court should protect citizensโ€™ 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 โ€” including Stehekin Valley Ranch, with cabins and a lodge house in the Lake Chelan National Recreation Area โ€” the state of Washington denied their right to do so unless the Courtneys could prove the existing ferry…

Read More about Supreme Court should protect citizensโ€™ rights to freely access U.S. waters