Case: Missouri v Biden, SCOTUS Dkt No. 21-1463
Court: SCOTUS
Amicus Brief
Filing Date(s): June 22, 2022
Primary Issue(s): Whether the COVID-19 mandate exceeded CMS’s statutory authority; Whether the mandate violates the Administrative Procedures Act because it was issued without notice and comment?
Outcome: Contrary to the urging of America’s Future, the SCOTUS denied the petition to hear the case on October 3, 2022, thereby affirming the United States Court of Appeals for the Eighth Circuit.
Case: Torcivia v Suffolk County, SCOTUS Dkt. No. 21-1522
Court: SCOTUS
Amicus Brief
Filing Date(s): July 5, 2022
Primary Issue(s): Whether a so-called “special-needs exception” to the Fourth Amendment exists and allows warrantless entry into the home of someone who is not subject to penal control or supervision.
Outcome: Contrary to the urging of America’s Future, the SCOTUS denied the petition to hear the case on November 14, 2022, thereby affirming the United States Court of Appeals for the Second Circuit .
Case: Cargill v Garland, 5th Cir., Dkt. No. 20-51016
Court: United States Court of Appeals for the Fifth Circuit
Amicus Brief
Filing Date(s): August 2, 2022
Primary Issue(s): Whether an ATF regulation known as the “Bump Stock Rule” violates the Second Amendment right to keep and bear arms.
Outcome: Consistent with the urging of America’s Future, on January 6, 2023, the court, sitting en banc, issued an order and opinion reversing the judgment of lower court and remanding the case back to the lower court for further proceedings consistent with the judgment of this court. The lower court held in favor of the original plaintiff. The original defendant filed a petition for a writ of certiorari to the SCOTUS. Contrary to the position of America’s Future, On November 3, 2023, the SCOTUS granted the petition and took jurisdiction to hear the case. This case is currently pending at the SCOTUS. Oral arguments were heard on February 28, 2024.
Case: Duncan v Bonta, 9th Cir. Dkt. No. 19-55376
Court: United States Court of Appeals for the Ninth Circuit
Amicus Brief
Filing Date(s): August 23, 2022
Primary Issues: Whether California’s Proposition 63, requiring California citizens to undergo a background check every time they wish to purchase ammunition for firearms, is unconstitutional as violative of the Fourteenth Amendment Due Process Clause and the Second Amendment right to keep and bear arms.
Outcome: Consistent with the urging of America’s Future, on September 23, 2022, the Ninth Circuit remanded the case to the district court for further proceedings consistent with New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022).
Case: Feds for Medical Freedom v Biden, 5th Cir. Dkt. No. 22-40043
Court: United States Court of Appeals for the Fifth Circuit
Amicus Brief
Filing Date(s): September 2, 2022
Primary Issue(s): Whether a presidential mandate that all federal employees consent to vaccination against COVID-19 or lose their jobs is constitutionally permissible.
Outcome: Contrary to the urging of America’s Future, the Fifth Circuit Court of Appeals, sitting en banc, issued an opinion affirming the lower courts judgment in favor of the original defendant. Notwithstanding, on February 22, 2024, the SCOTUS adjudicated the case and in doing so, remanded the case back to the Fifth Circuit Court of Appeals with instructions to direct the District Court to vacate as moot its order granting a preliminary injunction. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). The case is currently pending at the Fifth Circuit Court of Appeals.
Case: Moore v Harper, SCOTUS Dkt No. 21-1271
Court: SCOTUS
Amicus Brief
Filing Date(s): September 6, 2022
Primary Issue(s): Whether the Federal Elections Clause vests exclusive and independent authority in state legislatures to set the rules regarding federal elections.”
Outcome: Contrary to the urging of America’s Future, the SCOTUS issued its ruling on June 27, 2023, affirming the judgment of the North Carolina Supreme Court.
Case: Yukutake v Shikada, 9th Cir. Dkt. No. 21-16756
Court: United States Court of Appeals for the Ninth Circuit
Amicus Brief (supplemental)
Filing Date(s): September 19, 2022
Primary Issue(s): Whether Hawaii’s state gun regulatory scheme violates the Second Amendment right to keep and bear arms.
Outcome: Pending. On April 16, 2024, attorneys for appellant filed a rule 25-2 Letter to the court advising that it has been approximately 14 months since submission of the case, post oral argument.
Case: Eknes-tucker, et al. v Ivey, Alabama Middle District Court – Northern Division, Dkt. No. 2:22-cv-184-LCB-SRW
Court: United States District Court for Alabama’s Middle District—Northern Division
Amicus Brief
Filing Date(s): September 20, 2022
Primary Issue(s): Whether a DOJ subpoena to a nonparty nonprofit organization which would disclose personally identifiable information of donors should be quashed based on the First Amendment.
Outcome: Consistent with the urging of America’s Future, on October 24, 2022, the court issued a memorandum opinion and order granting the motion to quash the DOJ’s subpoenas in accordance with Federal Rules of Civil procedure 26 and 45. As of today (April 19, 2024), the case is still pending at the district court level.
Case: Rhode v Bonta, 9th Cir. Dkt. No. 20-55437
Court: United States Court of Appeals for the Ninth Circuit
Amicus Brief (supplemental)
Filing Date(s): September 29, 2022
Primary Issues: Whether California’s Proposition 63, requiring California citizens to undergo a background check every time they wish to purchase ammunition for firearms, is unconstitutional as violative of the Second Amendment right to keep and bear arms.
Outcome: Consistent with the urging of America’s Future, the Ninth Circuit remanded the case to the district court which, on January 30, 2024, issued a permanent injunction, effectively overturning California’s restrictions on ammunition purchases.
Case: Klein v Oregon Bureau of Labor and industries, SCOTUS Dkt. No. 22-204
Court: SCOTUS
Amicus Brief
Filing Date(s): October 7, 2022
Primary Issue: Whether compelling an artist to create custom art for a wedding ceremony violates the Free Speech Clause of the First Amendment.
Outcome: On June 30, 2023, consistent with the urging of America’s Future, the SCOUTS vacated the judgment of the Oregon Court of Appeals and remanded the case for proceedings consistent with 303 Creative LLC v Elenis (2023).
Case: Ward v Thompson, SCOTUS Dkt. No. 22A350
Court: SCOTUS
Amicus Brief
Filing Date(s): October 28, 2022
Primary Issue(s): Whether the Ninth Circuit erred in ordering T-Mobile to release records requested by the Jan 6 subcommittee.
Outcome: Contrary to the urging of America’s Future, on November 14, 2022, the SCOTUS denied the application to stay the Ninth Circuit court order compelling T-Mobile to comply with the Jan 6 subcommittee subpoena for records requested.
Case: Gonzalez v Google, SCOTUS Dkt No. 21-1333
Court: SCOTUS
Amicus Brief
Filing Date(s): December 7, 2022
Primary Issue(s): “Whether section 230(c)(l) immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?”
Outcome: Contrary to the urging of America’s Future, the SCOTUS issued its ruling on May 18, 2023 vacating the judgment of the United States Court of Appeals for the Ninth Circuit and remanding the case thereto.
Case: Tennessee v Department of Education, 6th Cir. Dkt No. 22-5807
Court: United States Court of Appeals for2023, Sixth Circuit
Amicus Brief
Filing Date(s): January 31, 2023
Primary Issue(s): Whether the lower court appropriately issued a preliminary injunction enjoining the Department of Education (DOE) from implementing a Final Agency Interpretation document published in the Federal Register on June 22, 2021, which indicated an intent, on the part of the administration and its agencies, to wildly misinterpret and misapply the 2020 SCOTUS decision in Bostock v Clayton County, 140 S. Ct. 1731 (2020) in an effort to materially modify Title IX’s prohibition on sex discrimination.
Outcome: Pending (oral argument took place on April 26, 2023, before a 3-judge 6th Circuit panel and additional party filings are docketed; the most recent filing was docketed on January 29, 2024).
Case: Lake v Hobbs, Arizona Supreme Court Dkt. No. CV-23-0046-PR
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): March 16, 2023
Primary Issues: Whether the First Amendment allow a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the government’s own hostility to the speaker’s viewpoint or (b) a perceived “general backlash” against the speaker’s advocacy? Also, does such coercion violate a clearly established First Amendment right?
Outcome: Contrary to the urging of America’s Future, the Arizona Supreme Court ruled against Ms. Lake. Following that ruling, Ms. Lake appealed to the United States Court of Appeals for the Ninth Circuit. On October 16, 2023, the Ninth Circuit, in a per curiam opinion, affirmed the district court’s dismissal based on the legal doctrine of “standing.” On March 14, 2024, Ms. Lake filed a petition for a writ of certiorari along with a motion to expedite the SCOTUS consideration of her petition. The SCOTUS will consider of Ms. Lake’s motion (and perhaps her petition) on April 19, 2024, during their (internal) Conference.
Case: Soule v Connecticut Association of Schools, 2nd Cir. Dkt. No. 21-1365
Court: United States Court of Appeals for the Second Circuit
Amicus Brief
Filing Date(s): March 30, 2023
Primary Issue: At issue is a 2013 “Transgender Participation” policy that the Connecticut Interscholastic Athletic Conference (CIAC) adopted requiring member high schools to allow participation in sex-specific sports based on a student’s professed gender regardless of the student’s actual biological sex.
Outcome: Consistent with the urging of America’s Future, the Second Circuit, sitting en banc, vacated the lower court’s judgment and remanded the case back to the lower court where it is currently pending in the pleading stage. If the case survives dismissal motions, the next phase in this case will be the “discovery” phase.
Case: Tingley v Ferguson, SCOTUS Dkt. No. 22-942
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): April 27, 2023
Primary Issue(s): (1) Whether a law that censors conversations between counselors and clients as “unprofessional conduct” violates the Free Speech Clause; and (2) Whether a law that primarily burdens religious speech is neutral and generally applicable, and if so, whether the Court should overrule Employment Division v. Smith, 494 U.S. 872 (1990).
Outcome: Contrary to the urging of America’s Future, on December 11, 2023, the SCOTUS denied Mr. Tingley’s petition, issuing the following order with two of three dissenting Justices issuing separate dissenting opinions): “Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion) Justice Alito, dissenting from the denial of certiorari. (Detached Opinion)
Case: B.P.J. v West Virginia State Board of Education, 4th Cir. Dkt. No. 23-1078
Court: United States Court of Appeals for the Fourth Circuit
Amicus Brief
Filing Date(s): May 3, 2023
Primary Issue(s): Whether the 2021 West Virginia state statute, known as “Save Women’s Sports Act,” which defines “female,” “girl,” and “woman” as biological females, is valid and not unconstitutional?
Outcome: Pending (oral argument took place on October 27, 2023 before a 3-judge 4th Circuit panel
Case: U.S. v Missouri, 8th Cir. Dkt. No. 23-1457
Court: United States Court of Appeals for the Eighth Circuit
Amicus Brief
Filing Date(s): May 18, 2023
Primary Issue(s): Whether Missouri’s state statute known as the “Second Amendment Preservation Act” is constitutional under the Supremacy Clause?
Outcome: Pending (oral argument took place on February 23, 2024 before a 3-judge 8th Circuit panel)
Case: NRA v Vullo, Supreme Court of the United States (SCOTUS) Dkt. No. 22-842
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): May 24, 2023
Primary Issues: Whether the First Amendment allow a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the government’s own hostility to the speaker’s viewpoint or (b) a perceived “general backlash” against the speaker’s advocacy? Also, does such coercion violate a clearly established First Amendment right?
Outcome: Pending (oral argument took place on March 18, 2024)
Case: Boland v Bonta, 9th Cir. Dkt. No. 23-55276
Court: United States Court of Appeals for the Ninth Circuit
Amicus Brief
Filing Date(s): June 2, 2023
Primary Issue: Whether California’s Unsafe Handguns Act, which requires that new models of handguns can be approved for sale in California only if they have chamber load indicators, magazine disconnect systems, and microstamping, is constitutional?
Outcome: Pending (on March 25, 2024, a Ninth Circuit panel issued an order to pause the case pending an en bancdecision in a separate, but related case, i.e. Duncan v Bonta, 9th Cir. Dkt No. 23-55805)
Case: Blankenship v NBC Universal, SCOTUS Dkt. No. 22-1125
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): June 20, 2023
Primary Issue: Whether the 1964 SCOTUS decision in N.Y. Times v Sullivan, which heightened liability standards in libel cases brought by public figures to a showing of “actual malice” by those plaintiff public figures, should be reconsidered?
Outcome: Petition denied by SCOTUS on October 10, 2023 (Justice Thomas issued an opinion concurring with the petition denial, stating, “I continue to adhere to my view that we should reconsider the ‘actual malice’ standard.”)
Case: Consumer Financial Protection Bureau (CFPB), et al. v Community Financial Services, SCOTUS Dkt. No. 22-448
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): July 10, 2023
Primary Issue: Whether the statute providing funding to the CFPB, i.e. 12 U.S.C. §5497, violates the Appropriations Clause, U.S. Const. Art. I,§ 9, Cl. 7?
Outcome: Pending (oral argument took place on October 3, 2023)
Case: Guedes v ATF, SCOTUS Dkt. No.22-1222
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): July 20, 2023
Primary Issue: Whether the definition of “machinegun” in 26 U.S.C. § 5845(b) includes non-mechanical bump stocks?
Outcome: Pending
Case: Loper Bright v Raimondo, SCOTUS Dkt. No.22-451
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): July 24, 2023
Primary Issue: Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency?
Outcome: Pending (oral arguments took place on January 17, 2024)
Case: Missouri v Biden, 5th Cir. Dkt. No. 23-30445
Court: United States Court of Appeals for the Fifth Circuit
Amicus Brief
Filing Date(s): August 7, 2023
Primary Issue: Whether the preliminary injunction is proper? Whether the government violated the First Amendment when it collaborated and/or coerced social media platforms to remove disfavored speech and/or targeted certain platform users based on improper political purposes?
Outcome: The preliminary injunction was modified; the matter is now pending with the SCOTUS.
Case: Consumer Finance Protection Board (CFPB) v Townstone Financial, 7th Cir. Dkt. No.23-1654
Court: United States Court of Appeals for the Seventh Circuit
Amicus Brief
Filing Date(s): August 21, 2023
Primary Issue: Whether the CFPB improperly attempts to expand its authority beyond the express and unambiguous language of the statute?
Outcome: Pending
Case: O’Handley v Weber, SCOTUS Dkt. No.22-1199
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): August 25, 2023
Primary Issue: Whether state officials acted under color of state law in violation of the First Amendment when a state agency, which exists to police online speech, singled out Petitioner’s disfavored political speech for Twitter to punish and Twitter complied?
Outcome: Pending
Case: NRA v Vullo, SCOTUS Dkt. No.22-842
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): January 16, 2024
Primary Issue: Does the First Amendment allow a government regulator to threaten regulated
entities with adverse regulatory actions if they do business with a controversial speaker,
as a consequence of (a) the government’s own hostility to the speaker’s viewpoint or (b)
a perceived general backlash against the speaker’s advocacy?
Outcome: Pending (Oral Arguments scheduled for March 18, 2024)
Case: Trump v Anderson, SCOTUS Dkt. No.23-719
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): January 18, 2024
Primary Issue: Did the Colorado Supreme Court err in ordering President Trump excluded from
the 2024 presidential primary ballot?
Outcome: Judgment of Colorado Supreme Court reversed (Aligns with America’s Future brief)
Case: Garland v Cargill, SCOTUS Dkt. No.22-976
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): January 29, 2024
Primary Issue: Whether a bump stock feature transforms a rifle into a machine gun under 26 USC 5845(b) and whether executive branch agencies have authority to redefine known words common to promote ideologies?
Outcome: Pending (Oral Arguments held February 28, 2024)
Case: Fischer v US, SCOTUS Dkt. No.23-5572
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): February 5, 2024
Primary Issue: Whether the D.C. Circuit Court of Appeals erred in construing 18 U.S.C. § 1512(c) (“Witness, Victim, or Informant Tampering”), which prohibits obstruction of congressional inquiries and investigations to include acts unrelated to investigations and evidence?
Outcome: Pending (Oral Arguments scheduled for April 16, 2024)
Case: Murthy v Missouri, SCOTUS Dkt. No. 23-411
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): February 9, 2024
Primary Issue: Whether the federal government’s actions to control content of social-media platforms violate First Amendment rights?
Outcome: Pending (Oral Arguments scheduled for March 18, 2024)
Case: US v Abbott, SCOTUS 5th Cir. Dkt. No.23-50632
Court: United States Court of Appeals for the Fifth Circuit
Amicus Brief
Filing Date(s): February 23, 2024
Primary Issue: Whether a preliminary injunction preventing Texas from self-defense is valid?
Outcome: Pending (Oral Arguments scheduled for March 18, 2024)
Case: Moyle v US, SCOTUS Dkt. No. 23-726
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): February 27, 2024
Primary Issue: Whether EMTALA preempts state laws that protect human life and prohibit abortions, like Idaho’s Defense Of Life Act?
Outcome: Pending (Oral Arguments scheduled for April 24, 2024)
Case: US v Texas, 5th Cir. Dkt. No.24-50149
Court: United States Court of Appeals for the Fifth Circuit
Amicus Brief
Filing Date(s): March 13, 2024
Primary Issue: Whether a preliminary injunction preventing Texas from enforcing SB 4, a state law SB 4, is permissible?
Outcome: Pending
Case: US v Rahimi, SCOTUS Dkt. No.22-915
Court: U.S. Supreme Court
Amicus Brief
Filing Date(s): October 4, 2023
Primary Issue: Whether 18 U.S.C. 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face?
Outcome: Pending
Case: Hensley v Texas State Commission, Tx Sup. Ct. Dkt. No.22-1145
Court: Supreme Court of Texas
Amicus Brief
Filing Date(s): October 18, 2023
Primary Issue: Whether a justice of the peace must perform same sex weddings in violation of deeply held religious beliefs?
Outcome: Pending
Case: Brandt v Griffen, 8th Cir. Dkt. No. 23-2681
Court: United States Court of Appeals for the Eighth Circuit
Amicus Brief
Filing Date(s): November 14, 2023
Primary Issue: Whether Arkansas Save Adolescents From Experimentation (SAFE) Act is constitutional?
Outcome: Pending (Oral Arguments scheduled for March 18, 2024)
Case: Duncan v Bonta, 9th Cir. Dkt. No.23-55805
Court: United States Court of Appeals for the Ninth Circuit
Amicus Brief
Filing Date(s): December 28, 2023
Primary Issue: Whether California’s law banning large capacity magazines is unconstitutional after New York State Rifle & Pistol Ass’n, Inc. v. Bruen?
Outcome: Pending
Case: Miller v Bonta, 9th Cir. Dkt. No.23-2979
Court: United States Court of Appeals for the Ninth Circuit
Amicus Brief
Filing Date(s): December 29, 2023
Primary Issue: Whether California’s law criminalizing possession of common firearms is unconstitutional after New York State Rifle & Pistol Ass’n, Inc. v. Bruen?
Outcome: Pending
