Amicus Brief: YU Pride Alliance, et al. v. Yeshiva University and President Ari Berman


NCLA filed an amicus brief in support of Yeshiva University’s Supreme Court application seeking an emergency stay pending appeal of a court order to “immediately” approve an official “Pride Alliance” student club. NCLA argued that the constitutional harms stemming from the injunction were substantial and could continue possibly for years while the case reaches absolute finality. The denial of one’s First Amendment rights, even for short periods, constitutes irreparable harm and necessitates correction by the courts.

In this case, the highest state appellate court denied a party’s request for leave to appeal the denial of a stay of such an injunction, and thus, as NCLA argued, the Supreme Court has jurisdiction under its 28 U.S.C. § 1257 precedents, the All Writs Act, 28 U.S.C. § 1651, and 28 U.S.C. § 2101. Because Yeshiva University’s First Amendment claims had been conclusively adjudicated (and improperly rejected) by New York courts, and because a proper resolution of these claims would fully resolve this matter, the Supreme Court has jurisdiction to entertain an application for stay or, in the alternative, a petition for certiorari and should exercise that jurisdiction to prevent irreparable and gratuitous injury to Yeshiva University’s constitutional rights.

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CASE: YU Pride Alliance, et al. v. Yeshiva University and President Ari Berman

COURT: U.S. Supreme Court

DOCUMENT: No. 22A184

COUNSEL FOR AMICUS CURIAE: Philip Hamburger, Mark Chenoweth, Kara Rollins, Gregory Dolin, Margaret A. Little, John J. Vecchione

FILED: September 2, 2022


September 9, 2022 | Order of the U.S. Supreme Court
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September 2, 2022 | Brief of the New Civil Liberties Alliance As Amicus Curiae in Support of Applicants
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