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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.

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    Case NameYearQuestion PresentedCourtIssue AreaAttorneys
    Brief Image Osby v. United States 2021 Whether basing a criminal defendant’s sentence on charges of which the jury acquitted him violates the Fifth or Sixth Amendments.U.S. Supreme CourtCriminal Justice Reform
  • Michael Pepson
  • Brief Image ACLU v. United States 2021 (1) Whether the Foreign Intelligence Surveillance Court, like other Article III courts, has jurisdiction to consider a motion asserting that the First Amendment provides a qualified public right of access to the court’s significant opinions, and whether the Foreign Intelligence Surveillance Court of Review has jurisdiction to consider an appeal from the denial of such a motion; and (2) whether the First Amendment provides a qualified right of public access to the FISC’s significant opinions.U.S. Supreme CourtTechnology & Innovation
  • Brief Image Kelley v. United States 2021 Whether a district court imposing a reduced sentence under Section 404(b) of the First Step Act is prohibited from correcting an erroneous Sentencing Guidelines calculation not related to the Fair Sentencing Act, as three circuits hold, or whether a resentencing court must correct a Guidelines error that has been made clear by intervening judicial interpretations, as four circuits hold.U.S. Supreme CourtCriminal Justice Reform
  • Brief Image Calcutt v. FDIC 2021 Whether the FDIC’s order is invalid because the FDIC’s structure violates Article II of the Constitution and, if so, what is the appropriate remedy for this constitutional violation.Sixth CircuitRegulatory Reform
  • Michael Pepson
  • Cynthia Crawford
  • Brief Image Gatewood v. United States 2021 (1) Whether cause exists to excuse a habeas petitioner’s procedural default when near-unanimous circuit precedent foreclosed the petitioner’s claim; and (2) whether cause exists to excuse a habeas petitioner’s procedural default when the Supreme Court explicitly overrules one of its precedents.U.S. Supreme CourtCriminal Justice Reform
  • Michael Pepson
  • Brief Image Daves v. Dallas County 2021 Whether pre-determined, scheduled bail schemes that do not provide individualized bail determinations violate the Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution.Fifth CircuitCriminal Justice Reform
  • Brief Image Curry v. United States 2021 Whether the drug conduct in the Armed Career Criminal Act’s “serious drug offense” definition in 18 U.S.C. § 924(e)(2)(A)(ii) requires knowledge of the illicit nature of the controlled substance.U.S. Supreme CourtCriminal Justice Reform
  • Michael Pepson
  • Brief Image Mahanoy Area School District v. B.L. 2021 Whether Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), which holds that public school officials may regulate speech that would materially and substantially disrupt the work and discipline of the school, applies to student speech that occurs off campus.U.S. Supreme CourtFree Expression
  • Cynthia Crawford
  • Casey Mattox
  • Brief Image Axon Enterprise, Inc. v. FTC 2021 Whether the Federal Trade Commission Act bars district court review of substantial constitutional claims during the pendency of an administrative proceeding.Ninth CircuitRegulatory Reform
  • Michael Pepson
  • Cynthia Crawford
  • Brief Image Ramirez v. Guadarrama 2021 Whether, in light of Taylor v. Riojas, the Fifth Circuit panel erred in granting qualified immunity to officers who tased a man they knew to be covered in gasoline causing him to catch fire and die.Fifth CircuitCriminal Justice Reform
  • Brief Image Carson v. Makin 2021 Whether a state violates the religion clauses or equal protection clause of the United States Constitution by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or “sectarian,” instruction. Read more.U.S. Supreme CourtEducational Freedom
  • Cynthia Crawford
  • Casey Mattox
  • Brief Image Thompson v. Marietta Education Association 2021 (1) Whether the government violates the First Amendment when it designates a labor union to represent and speak for public-sector employees who object to its advocacy on their behalf; and (2) whether Minnesota State Board for Community Colleges v. Knight should be limited to it's holding or overruled.U.S. Supreme CourtPublic Sector Workforce
  • Cynthia Crawford
  • Lee Steven
  • Brief Image Terry v. United States 2021 Whether pre-August 3, 2010, crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act.U.S. Supreme CourtCriminal Justice Reform
  • Michael Pepson
  • Brief Image Andrews v. New Jersey 2021 Whether the self-incrimination clause of the Fifth Amendment protects an individual from being compelled to recall and truthfully disclose a memorized passcode, when communicating the passcode may lead to the discovery of incriminating evidence to be used against him in a criminal prosecution. Read more.U.S. Supreme CourtCriminal Justice Reform
  • Brief Image Cedar Point Nursery v. Hassid 2021 Whether a California regulation that grants union organizers access to private agricultural property without compensating the landowner is a physical taking under the Fifth Amendment. Read more.U.S. Supreme CourtRegulatory Reform
  • Cynthia Crawford
  • Michael Pepson
  • Brief Image Butler v. Watson 2021 Whether the reduction of Mississippi's congressional districts from five to four in 2002 invalidates Section 273(3) of the state Constitution, which permits constitutional amendment via ballot initiative.Mississippi Supreme CourtFree Expression
  • Brief Image United States v. Arthrex, Inc. 2020 Whether administrative patent judges of the U.S. Patent and Trademark Office are principal or inferior Officers; and, if they are principal officers, the court of appeals properly cured any appointments clause defect by severing the application of 5 U.S.C. § 7513(a) to those judges.U.S. Supreme CourtRegulatory Reform
  • Michael Pepson
  • Cynthia Crawford
  • Brief Image New Hampshire v. Massachusetts 2020 Whether Massachusetts can tax New Hampshire citizens who work for Massachusetts companies but work remotely from New Hampshire.U.S. Supreme CourtFiscal
  • Brief Image Cochran v. SEC 2020 Whether judicially created barriers to timely and meaningful Article III review of agency actions are inconsistent with the separation of powers and the text, structure, and history of the U.S. Constitution.Fifth CircuitSeparation of Powers
  • Michael Pepson
  • Brief Image Hoever v. Carraway 2020 Whether Section 1997e of the Prison Litigation Reform Act bars recovery of punitive damages for violations of prisoners' First Amendment rights.Eleventh CircuitCriminal Justice Reform
  • Brief Image FCC v. Prometheus Radio Project 2020 Whether the U.S. Court of Appeals for the 3rd Circuit erred in vacating as arbitrary and capricious the Federal Communications Commission orders under review, which, among other things, relaxed the agency’s cross-ownership restrictions to accommodate changed market conditions.U.S. Supreme CourtTechnology & Innovation
  • Michael Pepson
  • Eric Bolinder
  • Brief Image United States v. Kousisis 2020 Whether breaches of contractual terms involving intangible interests are “money or property” within the meaning of the federal property fraud statutes sufficient to support criminal liability under a “basis of the bargain” theory.Third CircuitCriminal Justice Reform
  • Brief Image Courtney v. Danner 2020 Whether the Ninth Circuit mistakenly applied the Commerce Clause as a limitation on citizens’ rights to use the navigable waters of the United States rather than incorporating those rights against the states through the Privileges or Immunities Clause of the Fourteenth Amendment. Read more.U.S. Supreme CourtRegulatory Reform
  • Cynthia Crawford
  • Brief Image Jimmy Richardson, II, v. Twenty Thousand Seven Hundred Seventy-One and 00/100 Dollars U.S. Currency 2020 Whether South Carolina’s civil asset forfeiture regime is facially unconstitutional.South Carolina Supreme CourtCriminal Justice Reform
  • Brief Image 4 Good Government v. Davidson County Election Commission 2020 Whether the Nashville Taxpayer Protection Act will be placed on the ballot. Read more.Davidson County Chancery Court of TennesseeSeparation of Powers
  • Brief Image Oklahoma v. Johnson & Johnson 2020 Whether the Oklahoma trial court’s expansion of the public nuisance doctrine and equitable abatement remedy to hold Johnson & Johnson liable for the opioid crisis violates the separation of powers.Oklahoma Supreme CourtSeparation of Powers
  • Brief Image Stein v. United States 2020 Whether the Due Process Clause excuses the government’s knowing use of false testimony in a criminal prosecution so long as the government divulged evidence during discovery indicating that the testimony was false.U.S. Supreme CourtCriminal Justice Reform
  • Brief Image AMG Capital Management, LLC v. FTC 2020 Whether Section 13(b) of the Federal Trade Commission Act, by authorizing “injunction[s],” also authorizes the Federal Trade Commission to demand monetary relief such as restitution—and if so, the scope of the limits or requirements for such relief. Read more.U.S. Supreme CourtTechnology & Innovation
  • Cynthia Crawford
  • Michael Pepson
  • Brief Image Gibson v. SEC 2020 Whether judicially-created barriers to timely and meaningful Article III review of agency actions are inconsistent with the separation of powers and the text, structure, and history of the U.S. Constitution.U.S. Supreme CourtSeparation of Powers
  • Cynthia Crawford
  • Michael Pepson
  • Brief Image Uzuegbunam v. Preczewski 2020 Whether a government’s post-filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government’s past, completed violation of a plaintiff’s constitutional right. Read more.U.S. Supreme CourtFree Expression
  • Brief Image Collins v. Mnuchin 2020 Whether the Federal Housing Finance Agency’s structure violates the separation of powers; and whether the courts must set aside a final agency action that FHFA took when it was unconstitutionally structured and strike down the statutory provisions that make FHFA independent.U.S. Supreme CourtSeparation of Powers
  • Cynthia Crawford
  • Michael Pepson
  • Brief Image Mountaire Farms, Inc. v. United Food and Commercial Workers Local 27 2020 Whether the Contract Bar Doctrine is unconstitutional.National Labor Relations BoardPrivate Sector Labor & Employment
  • Lee Steven
  • Brief Image NAACP v. DeVos 2020 Whether a rule implemented by the Dept. of Education to apportion CARES Act funds between public and private schools is illegal.District Court for D.C.Foundational Education
  • Brief Image Fochtman v. Hendren Plastics, Inc. 2020 Whether participants in a voluntary drug-court program were employees under the Arkansas Minimum Wage Act.Eighth CircuitCriminal Justice Reform
  • Michael Pepson
  • Brief Image Lawall v. Hobbs 2020 Whether the Second Chances Act is a valid ballot initiative.Arizona Superior CourtCriminal Justice Reform
  • Brief Image CIC Services, LLC v. IRS 2020 Whether the Anti-Injunction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes also bars challenges to unlawful regulatory mandates issued by administrative agencies that are not taxes. Read more.U.S. Supreme CourtRegulatory Reform
  • James Valvo
  • Michael Pepson
  • Brief Image Wikimedia v. NSA 2020 Whether NSA's mass surveillance of international internet communications is unconstitutional.Fourth CircuitTechnology & Innovation
  • Eric Bolinder
  • Brief Image Van Buren v. U.S. 2020 Whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose. Read more.U.S. Supreme CourtTechnology & Innovation
  • James Valvo
  • Michael Pepson
  • Brief Image Indian River County v. Dept. of Transportation 2020 Whether the court of appeals properly deferred to the agency’s informal views under Skidmore, without finding the statute ambiguous or applying (much less exhausting) traditional interpretive tools. Read more.U.S. Supreme CourtSeparation of Powers
  • Cynthia Crawford
  • Michael Pepson
  • James Valvo
  • Brief Image Philadelphia Community Bail Fund v. Arraignment Court Magistrates of the First Judicial District 2020 Whether the Pennsylvania Supreme Court should provide standards for setting bail and to reform the existing bail system.Pennsylvania Supreme CourtCriminal Justice Reform
  • Michael Pepson
  • Brief Image Fulton v. City of Philadelphia 2020 Whether Philadelphia may prohibit Catholic Social Services from participating in the city's foster child placement program because it refuses to violate its religious belief on same-sex couples.U.S. Supreme CourtFree Expression
  • Cynthia Crawford
  • Casey Mattox
  • Brief Image American Society of Journalists and Authors v. Becerra 2020 Whether California Assembly Bill 5 violates the First Amendment by treating speakers differently based on their identity and communicative activities.Ninth CircuitFree Expression
  • Brief Image Taylor v. Riojas 2020 Whether the Court should recalibrate or reverse the doctrine of qualified immunity.U.S. Supreme CourtCriminal Justice Reform
  • Casey Mattox
  • Brief Image Schires v. City of Peoria 2020 Whether the city's provision of financial support to firms violates the Arizona Constitution's Gift Clause. Read more.Arizona Supreme CourtCronyism
  • Eric Bolinder
  • Brief Image Borden v. U.S. 2020 Whether a criminal offense that can be committed with a mens rea of recklessness can qualify as a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. 924(e).U.S. Supreme CourtCriminal Justice Reform
  • Ryan Mulvey
  • Michael Pepson
  • Brief Image Wisconsin Legislature v. Palm 2020 Whether the Wisconsin COVID-19 shutdown orders are lawful. Read more.Wisconsin Supreme CourtSeparation of Powers
  • Eric Bolinder
  • Brief Image Rozenblit v. Lyles 2020 Whether the release-time provisions in the collective-bargaining agreement violate the New Jersey Constitution, statute, or public policy.New Jersey Supreme CourtPublic Sector Workforce
  • Brief Image U.S. v. Jackson 2020 Whether the First Step Act's charge-stacking prohibition applies and whether a sentence has been "imposed" if an appellate court vacates a district court's sentence and remands for resentencing.Sixth CircuitCriminal Justice Reform
  • Brief Image SEC v. Romeril 2020 Whether the SEC's policy of requiring gag clauses in settlement orders violates the First Amendment and whether the clauses are void as against public policy.Second CircuitFree Expression
  • Brief Image Jessop v. City of Fresno 2020 Whether the Court should recalibrate or reverse the doctrine of qualified immunity.U.S. Supreme CourtCriminal Justice Reform
  • Casey Mattox
  • Brief Image Fleming v. USDA 2020 What is the proper relief due from an adjudication by an unconstitutionally appointed ALJ?D.C. CircuitSeparation of Powers
  • Michael Pepson
  • James Valvo
  • Brief Image Uzuegbunam v. Preczewski 2020 Whether a government's post-filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government's past, completed violation of a plaintiff's constitutional right. Read more.U.S. Supreme CourtFree Expression
  • Cynthia Crawford
  • Casey Mattox
  • Brief Image CIC Services v. IRS 2020 Whether Due Process requires an exception from the Anti-Injunction Act for IRS regulations enforced with criminal sanction and without an alternative avenue for review.U.S. Supreme CourtRegulatory Reform
  • James Vavlo
  • Michael Pepson
  • Brief Image Lucia v. SEC 2020 Whether a federal court has jurisdiction to hear claims of constitutional violations and ultra vires agency action while an administrative proceeding is ongoing.Ninth CircuitSeparation of Powers
  • Brief Image Walker v. United States 2020 Whether a criminal offense that can be committed with a mens rea of recklessness can qualify as a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. 924(e).U.S. Supreme CourtCriminal Justice Reform
  • Ryan Mulvey
  • Michael Pepson
  • Brief Image Liu v. SEC 2019 Whether the SEC may seek and obtain disgorgement from a court as 'equitable relief' for a securities law violation even though this Court has determined that such disgorgement is a penalty. Read more.U.S. Supreme CourtSeparation of Powers
  • Cynthia Crawford
  • Michael Pepson
  • Brief Image Seila Law LLC v. CFPB 2019 Whether the CFPB's structure violates the separation of powers and whether Humprey's Executor should be narrowed.U.S. Supreme CourtSeparation of Powers
  • Brief Image Maine Community Health Options v. United States 2019 Whether Congress may defund the risk corridor program created by the Affordable Care Act. Read more.U.S. Supreme CourtHealthcare
  • Eric Bolinder
  • James Valvo
  • Brief Image Baldwin v. United States 2019 Whether the U.S. Supreme Court should overturn its prior decision in Brand X, which grants deference to agency interpretations of statutes. Read more.U.S. Supreme CourtSeparation of Powers
  • Brief Image Espinoza v. Montana Department of Revenue 2019 Does it violate the Religion Clauses or Equal Protection Clause of the United States Constitution to invalidate a generally available and religiously neutral student-aid program simply because the program affords students the choice of attending religious schools?U.S. Supreme CourtFoundational Education
  • Cynthia Crawford
  • Brief Image HRDC v. Baxter County 2019 Whether inmates can obtain news and other information and make communications while incarcerated.Eighth CircuitCriminal Justice Reform
  • Brief Image Donna Harper v. West Virginia AFL-CIO 2019 Whether West Virginia's right to work law is unconstitutional. Read more.West Virginia Supreme CourtPrivate Sector Labor & Employment
  • Brief Image Baxter v. Harris 2019 Qualified immunity for law enforcement.U.S. Supreme CourtCriminal Justice Reform
  • Brief Image Jessop v. City of Fresno 2019 Qualified immunity for law enforcement. Read more.Ninth CircuitCriminal Justice Reform
  • Brief Image Prison Legal News vs Florida Dept. of Corrections 2018 First Amendment challenge to Florida Dept. of Corrections shutting down a magazine citing security reasons.Eleventh CircuitFree Expression
  • Brief Image Timbs v. Indiana 2018 Whether the Excessive Fines Clause of the Eighth Amendment is enforceable against the States. Read more.U.S. Supreme CourtCriminal Justice Reform
  • Brief Image Frank v. Gaos 2018 Whether the Fifth Amendment's Due Process Clause, the First Amendment's Free Speech Clause, and Rule 23(e)(2) require courts to reject proposed cy pres class action settlements that deprive class members of their legal remedies and compel speech approved of by class counsel, defendants, and the court without meaningful consent by class members.U.S. Supreme CourtFree Expression
  • Brief Image Almighty Supreme Born Allah v. Milling 2018 Qualified immunity for law enforcement. Read more.U.S. Supreme CourtCriminal Justice Reform
  • Brief Image South Dakota v. Wayfair, Inc. 2018 Can states force out-of-state businesses to collect and remit sales tax. Read more.U.S. Supreme CourtRegulatory Reform
  • Brief Image Delaware Strong Families v. Denn 2016 Whether a state's interest in “increas[ing] . . . information concerning those who support the candidates,” Buckley v. Valeo, permits it to condition a charity's publication of a nonpartisan voter education guide, which lists all candidates equally and makes no endorsements, upon the immediate and public disclosures of the names and addresses of individuals making unrelated donations over the previous four years.U.S. Supreme CourtFree Expression
  • Brief Image Community Financial Services Association of America v. FDIC 2014 Whether "Operation Chokepoint" conducted by the Federal Deposit Insurance Corporation, Board of Governors of the Federal Reserve System, Office of the Comptroller of the Currency, and the Department of Justice was unlawful.District Court for D.C.Regulatory Reform
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