Amicus Briefs

Cause of Action Institute frequently writes amicus curiae briefs to support other litigants and present important issues to the court.  Please contact us at amicus@causeofaction.org if you’d like amicus support for your case.

YearCase NameQuestion PresentedCourtIssue AreaAttorneys
2020Jessop v. City of Fresno*Whether the Court should recalibrate or reverse the doctrine of qualified immunity.U.S. Supreme CourtCriminal Justice ReformCasey Mattox
2020Fleming v. USDA*What is the proper relief due from an adjudication by an unconstitutionally appointed ALJ?D.C. CircuitSeparation of PowersMichael Pepson
James Valvo
2020Uzuegbunam v. Preczewski*Whether a government's post-filing change of anunconstitutional policy moots nominal-damages claims that vindicate the government's past, completed violation of a plaintiff's constitutional right. U.S. Supreme CourtFirst AmendmentCynthia Crawford
Casey Mattox
2020CIC Services v. IRS*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 ReformJames Valvo
Michael Pepson
2020Lucia v. SEC*Whether the 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
2020Philadelphia Community Bail Fund v. Arraignment Court Magistrates of the First Judicial District*Whether the Pennsylvania Supreme Court should provide standards for setting bail and to reform the existing bail systemPennsylvania Supreme CourtCriminal Justice ReformMichael Pepson
2020Walker v. United States*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 ReformRyan Mulvey
Michael Pepson
2019Corbitt v. VickersWhether the Court should recalibrate or reverse the doctrine of qualified immunity.U.S. Supreme CourtCriminal Justice ReformCasey Mattox
2019Zadeh v. RobinsonWhether the Court should recalibrate or reverse the doctrine of qualified immunity.U.S. Supreme CourtCriminal Justice ReformCasey Mattox
2019Liu v. SECWhether 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.
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U.S. Supreme CourtSeparation of PowersCynthia Crawford
Michael Pepson
2019Seila Law LLC v. CFPBWhether the CFPB's structure violates the separation of powers and whether Humprey's Executor should be narrowed.U.S. Supreme CourtSeparation of Powers
2019Publishers Business Services and AMG Capital Management v. FTCWhether Section 13(b) of the Federal Trade Commission Act authorizes the Federal Trade Commission to demand monetary relief such as restitution.
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U.S. Supreme CourtEconomic FreedomCynthia Crawford
Michael Pepson
2019Maine Community Health Options v. United StatesWhether Congress may defund the risk corridor program created by the Affordable Care Act
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U.S. Supreme CourtEconomic Opportunity - Health CareEric Bolinder
James Valvo
2019Baldwin v. United StatesWhether the U.S. Supreme Court should overturn its prior decision in Brand X, which grants deference to agency interpretations of statutes
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U.S. Supreme CourtSeparation of PowersJohn Vecchione
Michael Pepson
Cynthia Crawford
2019Espinoza v. Montana Department of RevenueDoes 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 CourtEducational FreedomCynthia Crawford
2019HRDC v. Baxter County*Whether inmates can obtain news and other information and make communications while incarcerated.Eighth CircuitCriminal Justice Reform
2019Federal Trade Commission v. QualcommWhether the FTC has abused its Section 13(b) authority and the proper construction of "proper case"
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Ninth CircuitEconomic FreedomJohn Vecchione
Michael Pepson
Jessica Thompson
2019Donna Harper v. West Virginia AFL-CIO*Whether West Virginia's right to work law is unconstitutional.
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West Virginia Supreme CourtRight to work
2019Jessop v. City of Fresno*Qualified immunity for law enforcement
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Ninth CircuitCriminal Justice Reform
2019Baxter v. Harris*Qualified immunity for law enforcementU.S. Supreme CourtCriminal Justice Reform
2019CIC Services v. IRSWhether the Anti-Injunction Act prevents subject-matter jurisdiction to review an IRS rulemaking.Sixth CircuitRegulatory ReformJohn Vecchione
Lee Steven
James Valvo
2019Competitive Enterprise Institute v. Michael MannWhether the First Amendment permits defamation liability for subjective commentary on true facts concerning a matter of public concern.U.S. Supreme CourtFirst AmendmentJohn Vecchione
Josh Schopf
Ryan Mulvey
2019Cochran v. SECIs Section 25 of the Securities and Exchange Act of 1934 a jurisdiction-stripping statute that prevents federal courts from reviewing challenges to agency action as a federal question under Section 1331?Fifth CircuitSeparation of PowersJohn Vecchione
2019Arizona v. CaliforniaDo California’s extraterritorial assessments and seizures violate the Due Process Clause, Commerce Clause, or Fourth Amendment?
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U.S. Supreme CourtEconomic FreedomCynthia Crawford
James Valvo
2019Food Marketing Institute v. Argus LeaderWhat is the proper scope of the term "confidential" in Exemption 4 of the Freedom of Information Act?
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U.S. Supreme CourtGovernment TransparencyRyan Mulvey
James Valvo
2019Federal Trade Commission v. AMG Capital ManagementWhether the FTC exceeded the scope of its remedial authority under Section 13(b).Ninth CircuitEconomic FreedomJohn Vecchione
Michael Pepson
Jessica Thompson
2019McDonough v. Smith, Merits StageWhether the statute of limitations for a Section 1983 claim based on fabrication of evidence in criminal proceedings begins to run when those proceedings terminate in the defendant’s favor or when the defendant becomes aware of the tainted evidence and its improper use.U.S. Supreme CourtCriminal Justice ReformJohn Vecchione
John McGlothlin
Michael Geske
2019Kisor v. WilkieWhether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock, which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.U.S. Supreme CourtSeparation of PowersJohn Vecchione
2018Almighty Supreme Born Allah v. Milling*Qualified immunity for law enforcement
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U.S. Supreme CourtCriminal Justice Reform
2018Frank v. Gaos*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 CourtFirst Amendment
2018South Dakota v. Wayfair, Inc.*Can states force out-of-state businesses to collect and remit sales tax.
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U.S. Supreme CourtEconomic Opportunity - Regulations
2018Prison Legal News vs Florida Dept. of Corrections*First Amendment challenge to Florida Dept. of Corrections shutting down a magazine citing security reasons.Eleventh CircuitFree Expression
2018Timbs v. Indiana*Whether the Excessive Fines Clause of the Eighth Amendment is enforceable against the States.
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U.S. Supreme CourtCriminal Justice Reform
2018McDonough v. Smith, Cert StageWhether the statute of limitations for a Section 1983 claim based on fabrication of evidence in criminal proceedings begins to run when those proceedings terminate in the defendant’s favor or when the defendant becomes aware of the tainted evidence and its improper use.U.S. Supreme CourtCriminal Justice ReformJohn Vecchione
John McGlothlin
Michael Geske
2018Institute for Justice v. ReillyWhether the Georgia General Assembly is covered by the state's Open Records Act.
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Georgia Supreme CourtGovernment TransparencyJames Valvo
Ryan Mulvey
2018Timbs v. IndianaWhether the Excessive Fines Clause of the Eighth Amendment is enforceable against the States.
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U.S. Supreme CourtCriminal Justice ReformJohn Vecchione
Julie Smith
Cynthia Crawford
2018FCA US LLC v. FlynnWhether litigation based on speculative harm will undermine cybersecurity in IOT and stifle innovation.U.S. Supreme CourtRegulatory ReformJohn Vecchione
2018Allah v. MillingWhether qualified immunity denies justice to victims of unconstitutional misconduct.
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U.S. Supreme CourtCriminal Justice ReformJohn Vecchione
Erica Marshall
2018California Sea Urchin Commission v. CombsWhether agencies are delegated authority by statutory silence such that actions without congressional authorization receive Chevron deference.U.S. Supreme CourtSeparation of PowersJohn Vecchione
2018Gundy v. United States Whether granting the attorney general unbounded discretion to define federal criminal liability violates the nondelegation doctrine.U.S. Supreme CourtCriminal Justice Reform
2018Weyerhaeuser Co. v. U.S. Fish and Wildlife ServiceWhether an agency decision not to exclude an area from critical habitat designation because of the economic impact of designation is subject to judicial review.
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U.S. Supreme CourtEconomic FreedomJohn Vecchione
Kara McKenna
Cynthia Crawford
2018CIC Services v. IRSWhether the Anti-Injunction Act prevents subject-matter jurisdiction to review an IRS rulemaking.
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Sixth CircuitRegulatory ReformJohn Vecchione
James Valvo
2018CTIA - The Wireless Ass'n v. City of BerkeleyWhat level of scrutiny does the First Amendment require when governments impose "disclosure" regimes that force sellers to speak and disparage their own products or take sides in a public policy debate?
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U.S. Supreme CourtFirst AmendmentJohn Vecchione
James Valvo
2017United States v. KolsuzWhether the U.S. applied the Fourth Amendment exception in situations that do not justify the implication of the exception
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Fourth CircuitCriminal Justice ReformErica Marshall
2017Marinello v. United StatesDoes a conviction under 26 U.S.C. § 7212(a) for corruptly endeavoring to obstruct or impede the due administration of the tax laws require that the government prove the defendant acted with knowledge of a pending IRS action?
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U.S. Supreme CourtCriminal Justice ReformJohn Vecchione
Erica Marshall
2017Federal Trade Commission v. AT&T Mobility LLCCan the FTC ignore express statutory limits on its authority and the plain language of its organic statute to advance what it perceives to be sound public policy?Ninth CircuitEconomic FreedomPatrick Massari
Michael Pepson
Cynthia Crawford 
2017Cigar Ass'n of America v. Food and Drug AdministrationWhether the FDA ignored Congress's mandate to analyze Warning-Label efficacy for the premium cigar industry.
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District Court for D.C.Economic FreedomPatrick Massari
Eric Bolinder
2017Murray Energy Corp. v. EPADoes Section 321(a) of the Clean Air Act establish mandatory, non-discretionary duties for the Environmental Protection Agency?
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U.S. Supreme CourtRegulatory ReformEric Bolinder
Joshua Schopf
John Vecchione
2017Daugherty v. SheerWhether federal officials knowingly violated LabMD's First Amendment rights by making a deliberate, calculated decision to punish the company for speaking about FTC's abuse of authority.D.C. CircuitFirst AmendmentPatrick Massari
Michael Pepson
2017Cigar Ass'n of American v. Food and Drug AdministrationWhether the FDA ignored Congress's mandate to analyze Warning-Label efficacy for the premium cigar industry.District Court for D.C.Economic FreedomEric Bolinder
Patrick Massari
2017DeCoster v. United StatesWhether the Court should reconsider U.S. v. Park, where it held that under the Food, Drug, and Cosmetic Act (FDCA) criminal "liability of managerial officers [does] not depend on their knowledge of . . . the act made criminal by the [FDCA], but instead on an officer's position in the corporation."
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U.S. Supreme CourtCriminal Justice ReformErica Marshall
2017Competitive Enterprise Institute v. Michael MannWhether First Amendment rights are violated when scientists use the court system to silence people who are critical of their work.
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D.C. Court of AppealsFirst AmendmentJohn Vecchione
James Valvo
2017Gloucester County v. G.G.Whether courts should extend Auer deference to an unpublished agency letter that does not carry the force of law.
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U.S. Supreme CourtSeparation of Powers
2017LabMD, Inc. v. Federal Trade CommissionWhether the FTC lacks Section 5 "unfairness" authority to regulate medical data-security because it is already comprehensively regulated by HHS under HIPAA.Eleventh CircuitEconomic FreedomPatrick Massari
Michael Pepson
2017Turner v. United StatesWhether the petitioners' convictions must be set aside under Brady v. Maryland, 373 U.S. 83 (1963).U.S. Supreme CourtCriminal Justice Reform
2016Delaware Strong Families v. Denn*Whether the state can condition publication of a charity's voter election guide on public disclosure of donors.U.S. Supreme CourtDonor privacy
2016United States v. WeedWhether the SEC's formal adjudication of Section 3(a)(9) was entitled to Chevron deference under the rule of lenity when the statute has both civil and criminal applications.
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First CircuitSeparation of PowersPatrick Massari
Erica Marshall
2016Florida Bankers Ass'n v. Department of the TreasuryWhether the Anti-Injunction Act prevents subject-matter jurisdiction to review an IRS rulemaking.
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U.S. Supreme CourtRegulatory ReformAlfred Lechner
Lee Steven
James Valvo
2015Justice v. HosemannWhether the First Amendment prevents Mississippi from prohibiting spending of more than $200 on pure speech about a ballot measure without creating a political committee.U.S. Supreme CourtFirst AmendmentAlfred Lechner
Lee Steven
Joshua Schopf
2015United States v. Sierra Pacific Industries, Inc.Whether the protections of Brady v. Maryland apply in civil proceedings.
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Ninth CircuitCriminal Justice ReformDaniel Epstein
Stephen Schwartz
2015Van Hollen v. Federal Election CommissionWhether the Federal Election Commission struck a proper balance between campaign transparency and citizen privacy and the court below should have accordingly deferred?
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D.C. CircuitFirst AmendmentDaniel Epstein
Lee Steven
Joshua Schopf
2015O'Keefe v. Chisholm Whether, as this Court left unresolved in Hartman v. Moore, officials may be held liable for subjecting citizens to investigation in retaliation for First Amendment-protected speech and association.U.S. Supreme CourtFirst AmendmentReed Rubinstein
Daniel Epstein
Prashant Khetan
James Valvo
2014Community Financial Services Ass'n of America v. Federal Deposit Insurance Corp.Whether the FDIC's application of Choke Point offends basic federalism principles and raises prudential questions regarding the efficacy and efficiency of agency enforcement and policy decision-making.District Court for D.C.Economic FreedomDaniel Epstein
Prashant Khetan
2014Yates v. United StatesWhether a fish is a "tangible object" under the Sarbanes-Oxley Act's "anti-shredding" provision.
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U.S. Supreme CourtCriminal Justice ReformDaniel Epstein
Prashant Khetan
2013McCutcheon v. Federal Election CommissionWhether the biennial limits on contributions to non-candidate committees, 2 U.S.C. § 441a(a) (3)(B), are unconstitutional facially for lacking a constitutionally cognizable interest.
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U.S. Supreme CourtFirst AmendmentDaniel Epstein
Hallee Morgan
Justin Meyers
Marie Connelly
Robyn Burrows
Karen Groen
2012Ralls Corp. v. ObamaWhether the Executive Branch may take unauthorized actions that arbitrarily deprive individuals and businesses of their property at any time without due process and judicial review.
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District Court for D.C.Economic FreedomAmber Abbasi

*Brief not signed by Cause of Action Institute or its clients.