America’s Future continues to file Amicus briefs in the Supreme Court of the United States (SCOTUS) and around the nation in various U.S. District Courts and Courts of Appeal in defense of our Constitution and to guard and protect our individual liberties. These efforts are in furtherance of our mission to fight to preserve the rights and freedoms of American citizens.
While many cases are pending, America’s Future was pleased to help score a win when the SCOTUS stopped the Biden Administration from imposing its COVID-19 vaccine mandate on two-thirds of the national workforce in the OSHA case. And, as recent as this week (October 24), the United States District Court for the Middle District of Alabama – Northern District issued an opinion consistent with our Amicus brief and granted the nonparties’ motions to quash subpoenas that exceeded the scope of discovery.
As a refresher, Amicus briefs are legal filings with courts by nonparty participants or non-litigants, termed Amicus Curiae or “friend of the court” to call the court’s attention to relevant information, insight, or additional reasoning not already brought into the case.
To keep readers informed, as of noon on October 27, 2022, the following are summary updates regarding Amicus briefs filed by America’s Future:
1. In Duncan, et al. v Bonta, SCOTUS Dkt. No. 21-1194, Ninth Circuit Court of Appeals Dkt. No. 19-55376, we filed multiple Amicus briefs in support of Petitioner Virginia Duncan’s request for relief in her fight to protect our Second Amendment right to bear arms. We can report that on September 23, 2022, the Ninth Circuit vacated its earlier decision and remanded the case back to the District court (i.e. the trial court) for further proceedings in light of the SCOTUS’s June 23, 2022 ruling in New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. (2022).
STATUS: On September 26, 2022, the preliminary injunction prohibiting California from enforcing the law at issue, which bans ammunition magazines over 10 rounds was continued as proper. The District Court is currently awaiting briefs from the parties addressing the constitutionality of the California law.
2. In Yukutake v Conners (formerly Yukutake v Shikada), Ninth Circuit Court of Appeals Dkt No. 21-16756, which is also a Second Amendment case, we filed an Amicus brief in support of the Plaintiffs, Mr. Yukutake and Mr. Kikukawa who had been granted a summary judgment at the lower level trial court (i.e. the United States District Court for the District of Hawaii).
STATUS: We can report that on October 20, 2022, the Ninth Circuit Court of Appeals proposed oral arguments be held in this case in the middle of February 2023.
3. In State of Illinois, et al v. David Ferriero, United States Court of Appeals for the District of Columbia Dkt. No. 21-5096, we filed an Amicus brief supporting the dismissal at the lower-level trial court issued regarding the State of Illinois’ recent request to certify the 1972 Equal Rights Amendment (ERA) as part of our Constitution.
STATUS: On September 28, 2022, the Court of Appeals for the District of Columbia held oral arguments. At issue is whether the dismissal of the case by the trial court Judge was properly based on procedural defects regarded by most scholars as fatal to a court action, including lack of standing to sue and “laches,” a legal doctrine known as “sitting on your rights.”
4. In Missouri v Biden, SCOTUS Dkt. No. 21-1463, we filed an Amicus brief opposing enforcement of COVID-19 vaccine mandates pursuant to the Centers for Medicare & Medicaid Services (CMS) agency-created administration regulation announced on November 5, 2021 as “immediately effective” nationwide. Our position in this case is consistent with our position opposing the OSHA vaccine mandates as bureaucratic overreach by the federal government operating beyond its scope of authority.
STATUS: On October 3, 2022, the SCOTUS denied the petition, which was filed by the following ten states: Missouri, Nebraska, Alaska, Arkansas, Iowa, Kansas, New Hampshire, North Dakota, South Dakota, and Wyoming.
5. In Torcivia v Suffolk County, SCOTUS Dkt No. 21-1522, we filed an Amicus brief in defense of our Fourth Amendment right to be free from unreasonable searches and seizures.
STATUS: On October 25, 2022, the SCOTUS distributed all filings in this docket to the Justices for review and consideration. The Justices are scheduled to consider taking this case during the SCOTUS conference scheduled for November 10, 2022.
6. In 303 Creative LLC v Elenis, SCOTUS Dkt. No. 21-476, we filed an Amicus brief in support and defense of our First Amendment rights to speak freely and exercise religious beliefs without unreasonable intrusion by the government.
STATUS: On October 18, 2022, the SCOTUS scheduled oral argument in this case for December 5, 2022. For those interested in listening to the oral argument, the audio will be posted here on the same day oral arguments are heard.
7. In Cargill v Merrick B. Garland, U.S. Attorney General, et al., Fifth Circuit Court of Appeals Dkt. No. 20-51016, we filed an Amicus brief supporting the Second Amendment right to bear arms. Central to this case is whether an ATF regulation known as the “Bump Stock Rule” is constitutional considering the ATF’s conduct, including redefining the term “machinegun” to include this version of a gun.
STATUS: On September 13, 2022, an en banc panel of Circuit Judges from the Fifth Circuit Court of Appeals heard argument by the parties. A decision, out of the Fifth Circuit, in this matter should be forthcoming.
8. In Timothy Moore, in his official capacity as Speaker of the North Carolina House of Representatives v Rebecca Harper, et al., SCOTUS Dkt. No. 21-1271, we filed an Amicus brief supporting the integrity of elections. In this case, North Carolina’s General Assembly revised the congressional districts within its borders only to have the state’s highest court reject the General Assembly’s redistricted map and, instead, put in place a redistricted map of its own choosing. The paradox here is that North Carolina’s judges are elected political figures yet they operate as though they are apolitical, being held out to the public as impartial and neutral decision-makers.
STATUS: On October 18, 2022, this case was scheduled for oral argument to take place on December 7, 2022. For those interested in listening to the oral argument, the audio will be posted here on the same day oral arguments are heard.
9. In Eknes-Tucker v Ivey, in her official capacity as Governor of the State of Alabama, No. 2:22-cv-00184 (2022) a.k.a. Boe v Marshall, No. 2:22-cv-00184 (2022), we filed an Amicus brief supporting nonparties’ motions to quash subpoenas issued by the USA-Department of Justice.
STATUS: On October 24, 2022, the United States District Court for the Middle District of Alabama – Northern District issued an opinion consistent with our Amicus brief and granted the nonparties’ motions to quash the subpoenas, which exceeded the scope of discovery.
There are no updates to report regarding litigation in connection with our most recent Amicus brief, i.e. Klein v Oregon Bureau of Labor and Industries, SCOTUS Dkt. No. 22-204. As new information is reported by the courts, America’s Future will continue to share the results. More information regarding cases in which we have filed Amicus briefs is located on our Law & Policy page.
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