Amicus Briefs

Adir International v. Starr Indemnity and Liability Company

AMICUS BRIEF SUMMARY – NCLA and Cato’s principal interest participating in this litigation is to vindicate Petitioner Adir International’s due process rights and the rights of any individual or entity defendant whose business actions have been or might be chilled because its insurance coverage can be turned off at will by California enforcers…

Aguila v. Ducey

AMICUS BRIEF SUMMARY – “Police Power” in the hands of the governor does not include the power to legislate, argues the amicus brief filed today by the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, in the Arizona Supreme Court. 

American Honda Motor Co. v. Walther

AMICUS BRIEF SUMMARY – NCLA asks the Arkansas Supreme Court to stop judges in the state from giving “great deference” to the Department of Finance and Administration in a post-2009 Arkansas tax procedure case…

American Hospital Association v. Becerra

AMICUS BRIEF SUMMARY – NCLA argues that the D.C. Circuit improperly applied Chevron deference to HHS’s interpretation of a statute that allowed the agency to set reimbursement rates for the plaintiffs, a group of hospitals that participate in the Section 340B Drug Pricing Program.

Axon Enterprise v. FTC

AMICUS BRIEF SUMMARY – NCLA filed an amicus curiae brief in the U.S. District Court for the District of Arizona in support of Axon Enterprise Inc. in the body camera company’s fight to keep its constitutional claims against the U.S. Federal Trade Commission (FTC) in federal court…

Beshear v. Goodwood Brewing Company

AMICUS BRIEF SUMMARY – The amici curiae, NCLA, the Southeastern Legal Foundation, and the Mackinac Center for Public Policy, argue that the Kentucky Constitution denies the governor dictatorial power. To ensure such power does not develop in any branch, the Kentucky Constitution separates government power and vests the legislature with law-making authority, which the legislature can always reclaim once delegated.

Brackeen v. Haaland

AMICUS BRIEF SUMMARY – This case is particularly important to NCLA. It is disappointed that three judges on the Fifth Circuit would eschew their fundamental duty “to say what the law is” and defer to agency interpretations of statutes under the Chevron doctrine…

BST Holdings v. Occupational Safety and Health Administration

AMICUS BRIEF SUMMARY – OSHA’s ETS is expected to force 84 million employees nationwide—over half the U.S. workforce—to either take a novel vaccine against an infectious disease, navigate weekly costly testing, or forfeit their jobs. Nothing in the Occupational Safety and Health Act, however, suggests that OSHA has authority to issue…

Buffington v. McDonough

AMICUS BRIEF SUMMARY – Mr. Buffington, who suffered service-connected disability (tinnitus) while serving for the U.S. Air Force, is seeking disability benefits in a lawsuit against V.A. The law is clear that when one asks for resumption of disability payments to which one is entitled, the resumption should begin as of the date one leaves active service.

Children’s Hospital Association of Texas v. Azar

AMICUS BRIEF SUMMARY – NCLA submitted an amicus brief to the U.S. Supreme Court in support of the petition for a writ of certiorari filed by a group of children’s hospitals from around the country. NCLA believes the D.C. Circuit Court of Appeals erred in reversing the district court’s decision in this case, which had struck down a Centers for Medicare & Medicaid Services (CMS) formula for hospital payments that violates the statute.

Community Housing Improvement Program,  v. City of New York

AMICUS BRIEF SUMMARY – NCLA believes that the lower court erred when it declared that the New York Rent Stabilization Law (RSL) does not violate the due process rights of the Plaintiffs-Appellants related to their property, when in fact, it does. Plaintiffs-appellants, NCLA argues, have a fundamental right to their property under the U.S. Constitution, so the RSL should have been subjected to strict scrutiny.

Fleming v. USDA

AMICUS BRIEF SUMMARY – In this case, NCLA takes issue with the United States Department of Agriculture’s (“USDA”) use of Administrative Law Judges (“ALJs”) who violate Article II and the separation of powers…

Francis v. Kings Park Manor

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in Donahue Francis v. Kings Park Manor, Inc., et al., on rehearing en banc. NCLA’s brief, which supports neither party, asks the bench to eschew Chevron deference in its decision, respect the rule of lenity, observe the principle of party presentation, and avoid the appearance of bias in this case.

Goldwater Institute v. HHS

AMICUS BRIEF SUMMARY – The Constitution requires federal judges to exercise independent judgment and refrain from bias when interpreting the law. These are foundational constitutional requirements for having an independent judiciary. Article III gives federal judges life tenure and salary protection to ensure…

Guedes v. ATF

AMICUS BRIEF SUMMARY – Chevron deference is bad enough on its own, for it unconstitutionally requires judges to abandon their independent judgement and, where the government is a party, requires them to engage in systematic bias in favor of the most powerful of parties. But the D.C. Circuit’s decision expands Chevron deference…

Gundy v. U.S.

AMICUS BRIEF SUMMARY – The judgment of the court of appeals should be reversed for four separate and independent reasons. First, 34 U.S.C. § 20913(d) violates the Constitution by divesting Congress of legislative powers and transferring those powers to the Attorney General…

Gun Owners of America v. Garland

AMICUS BRIEF SUMMARY – Amici write separately to focus on an independent reason why Chevron is inapplicable: the government’s interpretations of criminal statutes are not entitled to deference. When construed without placing a thumb on the scale in favor of either party, § 5845(b) does not include non-mechanical bump stocks within the definition of machine guns.

Harris Funeral Homes v. EEOC

AMICUS BRIEF SUMMARY – This case will address what Title VII of the Civil Rights Act of 1964 means by prohibiting employment discrimination “because … of sex.” Specifically, the Supreme Court will answer whether that language encompasses discrimination because of sexual orientation, gender identity, and/or transgender status. However the Court decides…

Jarkesy v. SEC

AMICUS BRIEF SUMMARY – NCLA is asking the U.S. Court of Appeals for the Fifth Circuit to review whether Mr. Jarkesy was adjudicated by an Administrative Law Judge (ALJ) who was improperly insulated from removal. Mr. Jarkesy was also denied his jury trial rights and equal protection of the law, among other problems.

Jessop v. City of Fresno

AMICUS BRIEF SUMMARY – In this case, NCLA is particularly disturbed that the Ninth Circuit Court of Appeals has willfully opted out of deciding a matter as simple—but gravely consequential— as whether it is unconstitutional for a police officer to use the cover of a search warrant to steal from a suspect. By choosing not to decide the issue, the panel granted immunity…

Kisor v. Wilkie

AMICUS BRIEF SUMMARY – The Constitution requires federal judges to exercise independent judgment and refrain from bias when interpreting the law. These are foundational constitutional requirements for an independent judiciary. Article III gives federal judges life tenure and salary protection to ensure that judicial pronouncements…

Lent v. California Coastal Commission

AMICUS BRIEF SUMMARY – The case is the first to challenge a CCC’s penalty order issued under the recently enacted section 30821. The Commission seeks deference to its interpretation that sections 30820 and 30821 permit consideration of deterrence in its administrative civil penalty determination.

Liu v. SEC

AMICUS BRIEF SUMMARY – It is undisputed that the “disgorgement” remedy appears nowhere in the SEC’s enabling statutes. History reveals that the disgorgement remedy was created and expanded by an strategic enforcement and litigation process allowing SEC to arrogate to itself powers not granted by Congress. This process built…

Lovato v. U.S.

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in U.S. v. Daniel Lovato, urging the federal court to re-examine the circuit’s treatment of “Stinson Deference.” The case presents an opportunity for the U.S. Court of Appeals for the Tenth Circuit to join…

Monex Deposit Company v. Commodity Futures Trading Commission

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in support of the petitioners’ request for a Writ of Certiorari from the U.S. Supreme Court in Monex Deposit Company, et al. v. Commodity Futures Trading Commission. In this case, CFTC is testing the furthest reaches

Oracle America Inc. v. U.S. Department of Labor

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. District Court for the District of Columbia in support of Oracle’s case against the Department of Labor (DOL). Oracle has challenged a portion of the regulations that set up the enforcement and adjudication system in the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

Premier Healthcare Investments v. UHS of Anchor

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the Supreme Court of Georgia in the case of Premier Healthcare Investments, L.L.C. v. UHS of Anchor, L.P. NCLA submitted a neutral brief in support of neither party that solely focuses on the constitutional arguments for rejecting judicial deference…

Seila Law v. CFPB

AMICUS BRIEF SUMMARY – The precedent of this Court does not compel an outcome for either side. Although decisions such as Humphrey’s Executor v. United States, 295 U.S. 602 (1935), and Morrison v. Olson, 487 U.S. 654 (1988), approved statutes that insulate administrative officers from presidential removal, each of those rulings…

Skyworks v. CDC

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the case Skyworks, LTD., et al., v. Centers for Disease Control and Prevention, et al., on behalf of the National Apartment Association and the National Association of Residential Property Managers as amici in support of the challenge brought forth by plaintiffs.

State of Texas v. Yellen

The “Tax Cut Ban” provision within the American Rescue Plan Act of 2021 (ARPA) upends the structure of American Constitutionalism as we know it. NCLA argues that the conditions of the Tax Cut Ban violate several aspects of the Constitution, commandeer state officials, eviscerate federalism, and deny Americans a Republican form of state government.

State of West Virginia v. Department of the Treasury

AMICUS BRIEF SUMMARY – In the boldest federal power grab in recent memory, Congress is attempting to usurp the sovereign powers of the States and seize their taxing authority. The American Rescue Plan Act of 2021 (ARPA), signed by President Biden on March 11, includes a Tax Cut Ban that requires States receiving federal rescue funds to give up their ability to decrease taxes for three or more years.

Sun City Home Owners Association v. Arizona Corporation Commission

AMICUS BRIEF SUMMARY – The amicus brief asks the Arizona Supreme Court to interpret the statutory or regulatory texts for itself rather than deferring to the interpretation of an administrative agency. NCLA argues that the Arizona Court of Appeals erred in its January 2020 ruling by giving “extreme deference” to the Arizona Corporation Commission (ACC) in violation…

Tesla, Inc. v. National Labor Relations Board

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit in support of Tesla, Inc.’s lawsuit against NLRB. Tesla Inc. v. NLRB challenges the Board’s March 2021 ruling that Tesla violated the National Labor Relations Act (NLRA) and further that the electric vehicle manufacturer would be required to “direct Musk to delete [his] unlawful tweet.”

Tiger Lily v. U.S. Department of Housing and Urban Development 

AMICUS BRIEF SUMMARY – In a joint amicus brief filed in the U.S. District Court for the Western District of Tennessee, NCLA condemned an eviction moratorium order imposed by the Centers for Disease Control and Prevention (CDC) last month to purportedly prevent the spread of COVID-19.

U.S. v. Havis

AMICUS BRIEF SUMMARY – Jeffery Havis was sentenced to federal prison in reliance on a provision of the U.S. Sentencing Guidelines Manual that was passed without required Congressional approval…

U.S. v. Nasir

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in U.S. v. Malik Nasir, urging the federal court to re-examine the circuit’s treatment of “Stinson Deference.” The case presents an opportunity for the U.S. Court of Appeals for the Third Circuit to join…

U.S. v. Tabb

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in U.S. v. Zimmian Tabb, urging the U.S. Court of Appeals for the Second Circuit to abandon “Stinson Deference.” This judicial deference doctrine requires federal judges to defer to commentary the United States Sentencing Commission (U.S.S.C.) has written interpreting the U.S. Sentencing Guidelines (U.S.S.G.).

Williams Alaska Petroleum v. State of Alaska

AMICUS BRIEF SUMMARY – NCLA is asking the court not to defer to a legal interpretation made by the Alaska Department of Environmental Conservation (DEC). Instead, NCLA argues that Alaskan courts need to interpret the law without deferring to the agency’s interpretation.  

Wolf v. Scarnati

AMICUS BRIEF SUMMARY – NCLA’s brief argues that the Governor’s argument is flawed. “The concurrence of both houses” is not “necessary” for a termination of disaster emergency under § 7301(c) of the Emergency Management Services Code, which authorizes the Governor to declare or proclaim a disaster emergency…

Wynn v. U.S.

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in Jayren Wynn v. United States of America, urging the U.S. Supreme Court to grant Mr. Wynn’s petition for certiorari and either discard Stinson deference altogether or at least rule that Stinson deference cannot increase criminal sentences. This judicial-deference doctrine requires federal judges to defer to commentary the U.S. Sentencing Commission has written interpreting the U.S. Sentencing Guidelines.

Young v. State of Hawaii

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in George K. Young, Jr. v. State of Hawaii, et al. in support of Mr. YoungNCLA’s brief dissuades the full court from deferring to state administrators’ factual speculations and to their interpretations of the U.S. Constitution or of state statutes and regulations.

More Amicus Briefs are coming soon. For information on our cases visit NCLA’s Case Summaries page.

Closed Cases

American Institute for International Steel Inc. v. U.S.

AMICUS BRIEF SUMMARY – NCLA filed an amicus curiae brief in support of the American Institute for International Steel, Inc. AIIS has filed a petition seeking a Writ of Certiorari from the U.S. Supreme Court in American Inst. for International Steel, Inc. v. U.S., claiming that a tariff law improperly divests legislative power…

Americans for Prosperity Foundation v. Bonta

AMICUS BRIEF SUMMARY – The question presented in this case is whether the holding of NAACP v. Alabama ex rel. Patterson will be applied to modern state attorneys-general who compel disclosure of supporter lists of unpopular organizations without articulating a substantial state interest in obtaining the information…

AMG Capital Management v. FTC; FTC v. Credit Bureau Center

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. Supreme Court admonishing the FTC for its unlawful practice in applying the agency’s statutory provisions. FTC has transformed its limited statutory right to enjoin into an absolute right to secure any “equitable remedy.”

Campaign Legal Center v. Federal Election Commission

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. District Court for the District of Columbia in Campaign Legal Center v. Federal Election Commission. The Campaign Legal Center alleges the Federal Election Commission has taken no action on an administrative complaint CLC filed and that FEC’s “failure to act” is “contrary to law.” 

Carr v. Saul; Davis v. Saul

AMICI BRIEF SUMMARY – The case concerns whether claimants seeking disability benefits under the Social Security Act must “exhaust” constitutional challenges to their benefits determinations before an Administrative Law Judge (ALJ) at the Social Security Administration (“SSA”) in order…

Collins v. Yellen

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the U.S. Supreme Court taking aim at the unconstitutional structure of the Federal Housing Finance Agency (FHFA). NCLA asks that the Court to (1) set aside the final agency action FHFA took against Petitioners while it was unconstitutionally structured and (2) grant them meaningful relief…

Elkhorn Baptist Church v. Brown

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the Oregon Supreme Court in Elkhorn Baptist Church, et al. v. Katherine Brown. A broad coalition of local churches brought the case after being seriously disturbed by Governor Katherine Brown’s restrictions on religious gatherings since late March in response to the COVID-19 pandemic. 

Fulton v. City of Philadelphia

AMICUS BRIEF SUMMARY – NCLA filed an amicus brief in the Supreme Court of the United States in Sharonell Fulton, et al. v. City of Philadelphia, et al. In 2018, Philadelphia abruptly terminated foster placement through Catholic Social Services (CSS) leaving foster parents like Sharonell Fulton, who has fostered more than 40 children…

The Judge Rotenberg Educational Center v. FDA; Aponte v. FDA

AMICUS BRIEF SUMMARY – NCLA filed this amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit supporting a challenge to a Final Rule issued by the Food and Drug Administration (FDA). The Rule bans “electrical stimulation devices” (ESDs) for aversion therapy, currently in use in only one treatment facility in the United States—the Judge Rotenberg Educational Center in Canton, Massachusetts.

Little Sisters of the Poor v. Pennsylvania

AMICUS BRIEF SUMMARY – NCLA states that in adopting the Affordable Care Act (ACA), Pub. L. 111-148 (2010), Congress improperly delegated to the administrative state the power to write laws governing the conduct of health insurance providers. Administrative agencies responded

State of Ohio v. United States Department of the Treasury

AMICUS BRIEF SUMMARY – Never before in the history of the United States has Congress conditioned the receipt of federal funds on state governments’ surrendering inherent and core sovereign taxing powers. As NCLA’s brief puts it, “a Founder who suggested that Congress’ Spending Power meant it could purchase from states the authority to oversee state spending and budgets would have been laughed out of Philadelphia—if not tarred and feathered.”

U.S. v. Arthrex Inc.; U.S. v. Polaris Innovations; Smith & Nephew Inc. v. Arthrex Inc. 

AMICUS BRIEF SUMMARY – ​At issue in the consolidated set of cases is whether administrative patent judges (APJs) can be appointed by the U.S. Secretary of Commerce or whether the Constitution requires the President to appoint these judges and the Senate to confirm them.