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Amicus Briefs


  • Marfil v. City of New Braunfels: Regulating short-term rentals
    Marfil v. City of New Braunfels: Regulating short-term rentals

    Short-term rentals in New Braunfels are prevalent, and the city has issued no nuisance citations against these properties.

    April 1, 2025

  • Federal Communications Commission v. Consumers’ Research
    Federal Communications Commission v. Consumers’ Research

    The idea that delegations of power to private parties are judged by a stricter standard than delegations to public parties has no support in any holdings of this Court.

    February 18, 2025

  • Horseracing Integrity and Safety Authority v. National Horsemen’s Benevolent and Protective Association
    Horseracing Integrity and Safety Authority v. National Horsemen’s Benevolent and Protective Association

    The Horseracing Integrity and Safety Authority is an unaccountable agency that exercises significant federal rulemaking, investigation, and enforcement authority.

    November 15, 2024

  • Anderson v. TikTok, Inc.: Section 230 protections apply to social media
    Anderson v. TikTok, Inc.: Section 230 protections apply to social media

    Removing Section 230 protections from social media would ultimately harm internet users as online platforms would decrease useful content curation and increase censorship.

    October 7, 2024

  • Free Speech Coalition, Inc. v. Paxton: Texas law burdens adult access to protected online speech
    Free Speech Coalition, Inc. v. Paxton: Texas law burdens adult access to protected online speech

    The First Amendment doesn’t permit shortcuts. Texas must prove its statute satisfies strict scrutiny.

    September 23, 2024

  • Firebaugh v. Garland: Banning TikTok is unconstitutional
    Firebaugh v. Garland: Banning TikTok is unconstitutional

    Shuttering TikTok will deny millions of Americans access to a unique and important platform for exercising their right to free speech.

    June 28, 2024

  • Powell v. SEC: SEC-imposed gag order is unconstitutional
    Powell v. SEC: SEC-imposed gag order is unconstitutional

    "SEC’s denial of the rulemaking petition perpetuates SEC’s 50-year unconstitutional reign of error."

    June 17, 2024

  • Alario v. Knudsen: Montana’s TikTok ban is unconstitutional
    Alario v. Knudsen: Montana’s TikTok ban is unconstitutional

    Montana Senate Bill 419 is an unconstitutional ban on free expression that triggers the most exacting scrutiny under the First Amendment.

    May 6, 2024

  • Eidson v. South Carolina: School choice program is designed to provide new opportunities to all eligible families
    Eidson v. South Carolina: School choice program is designed to provide new opportunities to all eligible families

    School choice— like South Carolina’s ESTF program—is a tool to provide children equal access to education while recognizing that all children learn in unique ways.

    February 1, 2024

  • Hopkins v. Watson: Mississippi’s lifetime disenfranchisement scheme should be invalidated
    Hopkins v. Watson: Mississippi’s lifetime disenfranchisement scheme should be invalidated

    Mississippi’s mandatory, irrevocable, lifetime disenfranchisement scheme, rooted in noxious racism, and unique in its arbitrariness and severity, is cruel and unusual.

    December 9, 2023

  • Moody v. NetChoice, Paxton v. NetChoice: Florida and Texas statutes violate the First Amendment
    Moody v. NetChoice, Paxton v. NetChoice: Florida and Texas statutes violate the First Amendment

    The laws regulating social media platforms in these cases interfere with protected editorial discretion and compel dissemination of unwanted third-party speech in violation of the First Amendment.

    December 9, 2023

  • Amicus Brief: Quinn v. Washington
    Amicus Brief: Quinn v. Washington

    The constitution imposes territorial limits on state taxes to ensure a dynamic and competitive interstate economy.

    October 16, 2023

  • National Horsemen’s Benevolent and Protective Association v. Black
    National Horsemen’s Benevolent and Protective Association v. Black

    The structure of the Authority violates the separation of powers because the members of the Authority, although Officers, are not appointed with presidential nomination and Senate confirmation, as the Appointments Clause requires.

    By Alexander Volokh and Raffi Melkonian
    July 13, 2023

  • Brooke Henderson, et al. v. School District of Springfield R-12, et al.
    Brooke Henderson, et al. v. School District of Springfield R-12, et al.

    To avoid hollowing out both section 1983 and section 1988, this court should reverse the district court’s order.

    May 18, 2023

  • Amicus Brief: Roberts v. McDonald
    Amicus Brief: Roberts v. McDonald

    The Supreme Court should take the case because "race-based distribution of antiviral treatments is plainly unconstitutional."

    March 13, 2023

  • Amicus Brief: Memmer v. United States
    Amicus Brief: Memmer v. United States

    The government’s argument would put landowners in a Trails Act-limbo where the government has denied them use and possession of their land but the owners are not entitled to compensation unless and until the railroad and trail-sponsor reach a trail-use agreement.

    March 8, 2023

  • Amicus Brief: Gonzalez v. Google
    Amicus Brief: Gonzalez v. Google

    For nearly three decades, Section 230 has served as the backbone of the Internet, precisely as Congress correctly anticipated and intended.

    January 19, 2023

  • Amicus Brief: Association Des Éleveurs De Canards Et D’oies Du Québec v. Rob Bonta
    Amicus Brief: Association Des Éleveurs De Canards Et D’oies Du Québec v. Rob Bonta

    Section 25982 of the California Health and Safety Code prohibits the sale in California of a wholesome food ingredient in violation of the dormant Commerce Clause and poses a grave challenge to the future of food and agriculture in the U.S.

    December 20, 2022

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