Menu Close

Amicus Briefs Status Reports

For decades, America’s Future has been a premiere organization defending the rights of all citizens, the Constitution, and the Republic. Since December 2021, our legacy nonprofit has filed multiple Amicus briefs that provide Article III courts insight and well-reasoned argument in cases that involve issues of constitutional and societal importance. To keep our readers well informed, below are updates and status reports on the cases to which our Amicus briefs have been filed. Please check back as we will continue to update this page. To read in-depth reporting on the filings, please go to our Law & Policy page.

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

Editor’s Note: To read in-depth articles on the cases to which our Amicus briefs were filed, please visit our Law & Policy page.