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
2018McDonough v. SmithWhether 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.
Read More
State CourtGovernment TransparencyJames Valvo
Ryan Mulvey
2018Timbs v. IndianaWhether the Excessive Fines Clause of the Eighth Amendment is enforceable against the States.
Read More
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 inovation.U.S. Supreme CourtRegulatory ReformJohn Vecchione
2018Allah v. MillingWhether qualified immunity denies justice to victims of unconstitutional misconduct.
Read More
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.
Read More
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.
Read More
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?
Read More
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
Read More
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?
Read More
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.
Read More
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?
Read More
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."
Read More
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.
Read More
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.
Read More
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
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.
Read More
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.
Read More
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.
Read More
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?
Read More
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.
Read More
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.
Read More
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.
Read More
District Court for D.C.Economic FreedomAmber Abbasi