Year
Issue Area
Court
2026
Choice Refrigerants v. EPA
Question Presented
Whether Congress violated the Vesting Clause of Article I by giving an executive agency unbounded discretion to choose which private parties are entitled to participate in a multibillion-dollar market.
2026
The Babylon Bee v. Bonta
Question Presented
Whether a California law that required large online platforms to police digitally created or modified political speech (so-called “deepfakes”) hosted on their platforms and remove them; label them as “materially deceptive content”; and provide a reporting mechanism to report content for removal or labeling, violates Section 230.
2026
Pheasant v. United States
Question Presented
Whether the Federal Land Policy and Management Act violates the nondelegation doctrine by giving the Executive near-unfettered power to define what conduct is subject to criminal punishment.
2026
Chatrie v. United States
Question Presented
Whether the execution of the geofence warrant violated the Fourth Amendment.
2026
E.D. v. Noblesville School District
Question Presented
Whether Hazelwood applies (1) whenever student speech might be erroneously attributed to the school, as the Fifth, Seventh, and Tenth Circuits have held; (2) when student speech occurs in the context of an “organized and structured educational activity,” as the Third Circuit has held; or (3) only when student speech is part of the “curriculum,” as the Sixth and Eleventh Circuits have held.
2026
Relentless, Inc. v. Department of Commerce
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?
2026
Hirsch et al. v. Commissioner of Internal Revenue
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.
2025
The Buckeye Institute v. Internal Revenue Service
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.
2025
Canna Provisions Inc. 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?
Amicus Commentary
- 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…
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.…
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…
Kennedy v. Bremerton School District shows why a high school football coach’s prayer may be important for academic freedom
Government employs a veritable army of teachers, professors, graduate students, undergraduate work-study students, as well as coaches, teachers’ aides, tutors, and administrators. To what degree can government, as an employer, punish the people it hires for their own personal expression? That’s a live question. The First Amendment protects citizens from the government. The government doesn’t…