Skip to main content

Appellate Section - Equal Protection Clause

Briefs and Opinions

  • United States v. Marshall, Attorney General of Alabama (S. Ct.) - Petitioner
  • Bridge v. Oklahoma State Department of Education (10th Cir.) - Amicus

     

    DocumentDate 
    Notice of Withdrawal of Amicus Brief02/28/25
    Brief as Amicus07/19/24
  • Poe v. Labrador (9th Cir.) - Amicus

     

    DocumentDate 
    Notice of Withdrawal of Amicus Brief02/28/25
    Brief as Amicus03/12/24
  • Dekker v. Secretary, Florida Agency for Health Care Administration (11th Cir.) - Amicus

     

    DocumentDate 
    Notice of Withdrawal of Amicus Brief02/28/25
    Brief as Amicus12/04/23
  • Poe v. Drummond (10th Cir.) - Amicus

     

    DocumentDate 
    Notice of Withdrawal of Amicus Brief02/28/25
    Brief as Amicus11/16/23
  • United States v. Skrmetti (S. Ct.) - Petitioner

     

    DocumentDate 
    Supreme Court Decision, available at 2025 WL 169878506/18/25
    Letter of the Deputy Solicitor General (This letter is to notify the Court that the previously filed briefs no longer represent the position of the United States.)02/07/25
    Reply Brief11/07/24
    Brief as Petitioner08/27/24
    Certiorari Granted, reported at 144 S. Ct. 267906/24/24
    Reply Brief02/20/24
    Petition for a Writ of Certiorari11/06/23
  • K.C. v. Medical Licensing Board of Indiana (7th Cir.) - Amicus

     

    DocumentDate 
    Court of Appeals Decision, reported at 121 F.4th 60411/13/24
    Brief as Amicus09/27/23
  • Griffith v. El Paso County (10th Cir.) - Amicus

     

    DocumentDate 
    Court of Appeals Decision, reported at 129 F.4th 79002/19/25
    Brief as Amicus08/28/23
  • L.W. & United States v. Skrmetti and Doe v. Thornbury (6th Cir.) - Intervenor-Appellee and Amicus

     

    DocumentDate 
    Court of Appeals Decision, reported at 83 F.4th 46009/28/23
    Brief as Intervenor-Appellee and Brief as Amicus08/10/23
  • Charter Day School v. Peltier (S. Ct.) - Amicus

    • The court of appeals correctly held that CDS’s enforcement of its student dress code is state action

     

    DocumentDate 
    Certiorari Denied, reported at 143 S.Ct. 265706/26/23
    Brief as Amicus in Response to the Court's Invitation05/22/23
  • B.P.J. v. West Virginia State Board of Education (4th Cir.) - Amicus

     

    DocumentDate 
    Court of Appeals Decision, reported at 98 F.4th 54204/16/24
    Brief as Amicus04/03/23
  • Boston Parent Coalition for Academic Excellence Corp. v. School Committee of Boston (1st Cir.) - Amicus

    • Ensuring that students of all races enjoy equal educational opportunities is not a suspect purpose
    • If this court determines strict scrutiny applies, it should remand for the district court to evaluate whether the policy passes muster under that standard

     

    DocumentDate 
    Court of Appeals Decision, reported at 89 F.4th 4612/19/23
    Brief as Amicus09/09/22
  • Eknes-Tucker and United States v. Governor of the State of Alabama (11th Cir.) - Intervenor-Appellee

     

    DocumentDate 
    Court of Appeals Decision, reported at 80 F.4th 120508/21/23
    Brief as Intervenor-Appellee08/10/22
  • Students for Fair Admissions v. University of North Carolina (S. Ct.) - Amicus

    • This Court should adhere to Grutter’s holding that the educational benefits of diversity are a compelling interest
    • The lower court correctly upheld UNC's admissions process under this Court’s precedents

     

    DocumentDate 
    Supreme Court Decision, reported at 143 S. Ct. 214106/29/23
    Brief as Amicus (Merits)08/01/22
  • Coalition for TJ v. Fairfax County School Board (4th Cir.) - Amicus

    • Ensuring that students of all races enjoy equal educational opportunities is not a suspect purpose
    • If strict scrutiny were to apply to the challenged race-neutral policy, the strict-scrutiny inquiry must be adapted for this novel context

     

    DocumentDate 
    Court of Appeals Decision, reported at 68 F.4th 86405/23/23
    Brief as Amicus05/13/22
  • Brandt v. Griffin (fka Rutledge) (8th Cir.) - Amicus

     

    DocumentDate 
    Notice of Withdrawal of Amicus Brief 02/28/25
    Brief as Amicus12/14/23
    Court of Appeals Decision, reported at 47 F.4th 66108/25/22
    Brief as Amicus01/21/22
  • Students for Fair Admissions v. Harvard (S. Ct.) - Amicus

    • This Court should adhere to Grutter’s holding that the educational benefits of diversity are a compelling interest
    • The lower court correctly upheld Harvard’s admissions process under this Court’s precedents
    • The court of appeals’ application of this Court’s precedents does not warrant further review
    • This Court should not grant review to consider overruling its precedents in this area

     

    DocumentDate 
    Supreme Court Decision, reported at 143 S. Ct. 214106/29/23
    Brief as Amicus (Merits)08/01/22
    Brief as Amicus in Response to Court's Invitation12/08/21
  • Adams v. School Board of St. John's County (11th Cir.) - Amicus

     

    DocumentDate 
    Court of Appeals Decision En Banc, reported at 57 F.4th 79112/30/22
    En Banc Brief as Amicus11/26/21
  • Peltier v. Charter Day School, et al. (4th Cir.) - Amicus

    • CDS’s implementation and enforcement of its dress code constitutes State action under the Equal Protection Clause

     

    DocumentDate 
    Court of Appeals En Banc Decision, reported at 37 F.4th 10406/14/22
    En Banc Brief as Amicus11/18/21
  • Corbitt v. Taylor (11th Cir.) - Amicus

    DocumentDate 
    Court of Appeals Decision, reported at 115 F.4th 133509/20/24
    Brief as Amicus08/02/21
  • Students for Fair Admissions v. Harvard (1st Cir.) - Amicus

    • Harvard failed to prove that its use of race is narrowly tailored
    • Harvard failed to articulate a sufficiently concrete and measurable interest

     

    DocumentDate 
    Court of Appeals Errata Sheet11/24/20
    Court of Appeals Decision, reported at 980 F.3d 15711/12/20
    Brief as Amicus02/25/20
  • Obergefell, et al. v. Hodges, et al. (S. Ct.) - Amicus
    • The state marriage bans, which forbid same-sex couples from marrying within the state, and prohibit the recognition of same-sex couples' out-of-state marriages, violate equal protection
    • State marriage bans warrant heightened scrutiny under the Equal Protection Clause and fail heightened scrutiny because they are not substantially related to an important governmental objective

       

      DocumentDate 
      Supreme Court Decision, reported at 135 S. Ct. 258406/26/15
      Brief as Amicus03/06/15
  • Williams v. Port Huron Area School District (6th Cir.) - Amicus

    • The standard for Title VI racial harassment claims is the deliberate indifference standard employed in Title IX cases
    • The evidence is sufficient for a reasonable factfinder to find that the school district was deliberately indifferent to the harassment from 2003-2006

     

    DocumentDate 
    Court of Appeals Decision, available at 455 F. App'x 61201/09/12
    Brief as Amicus03/09/11

Browse Briefs by Category

Access to Justice
Affirmative Action
Americans with Disabilities Act and Section 504 of the Rehabilitation Act
Constitutionality of Federal Statutes
Criminal
Education
Employment Discrimination (Race, National Origin, Sex, and Religion)
Equal Credit Opportunity Act
Equal Protection Clause
Freedom of Access to Clinic Entrances Act
Housing
Immigration
Individuals with Disabilities Education Act
Institutionalized Persons
Police Misconduct (Civil Cases)
Religion Cases
Servicemember Cases
Third Party Intervention in Civil Rights Cases
Title VI of the Civil Rights Act of 1964
Voting
Other

Updated June 24, 2025