Appellate Section - Equal Protection Clause

Briefs and Opinions

• United States v. Marshall, Attorney General of Alabama (S. Ct.) - Petitioner

  • The Court should hold the petition for a writ of certiorari pending the disposition of United States v. Skrmetti 

    Document	Date
    Dismissed	02/13/25
    Joint Stipulation to Dismiss	02/12/25
    Petition for a Writ of Certiorari	11/26/24

• Bridge v. Oklahoma State Department of Education (10th Cir.) - Amicus

   

  Document	Date
  Notice of Withdrawal of Amicus Brief	02/28/25
  Brief as Amicus	07/19/24

• Poe v. Labrador (9th Cir.) - Amicus

   

  Document	Date
  Notice of Withdrawal of Amicus Brief	02/28/25
  Brief as Amicus	03/12/24

• Dekker v. Secretary, Florida Agency for Health Care Administration (11th Cir.) - Amicus

   

  Document	Date
  Notice of Withdrawal of Amicus Brief	02/28/25
  Brief as Amicus	12/04/23

• Poe v. Drummond (10th Cir.) - Amicus

   

  Document	Date
  Notice of Withdrawal of Amicus Brief	02/28/25
  Brief as Amicus	11/16/23

• United States v. Skrmetti (S. Ct.) - Petitioner

   

  Document	Date
  Supreme Court Decision, available at 2025 WL 1698785	06/18/25
  Letter of the Deputy Solicitor General (This letter is to notify the Court that the previously filed briefs no longer represent the position of the United States.)	02/07/25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 Brief	11/07/24
  Brief as Petitioner	08/27/24
  Certiorari Granted, reported at 144 S. Ct. 2679	06/24/24
  Reply Brief	02/20/24
  Petition for a Writ of Certiorari	11/06/23

• K.C. v. Medical Licensing Board of Indiana (7th Cir.) - Amicus

   

  Document	Date
  Court of Appeals Decision, reported at 121 F.4th 604	11/13/24
  Brief as Amicus	09/27/23

• Griffith v. El Paso County (10th Cir.) - Amicus

   

  Document	Date
  Court of Appeals Decision, reported at 129 F.4th 790	02/19/25
  Brief as Amicus	08/28/23

• L.W. & United States v. Skrmetti and Doe v. Thornbury (6th Cir.) - Intervenor-Appellee and Amicus

   

  Document	Date
  Court of Appeals Decision, reported at 83 F.4th 460	09/28/23
  Brief as Intervenor-Appellee and Brief as Amicus	08/10/23

• 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

   

  Document	Date
  Certiorari Denied, reported at 143 S.Ct. 2657	06/26/23
  Brief as Amicus in Response to the Court's Invitation	05/22/23

• B.P.J. v. West Virginia State Board of Education (4th Cir.) - Amicus

   

  Document	Date
  Court of Appeals Decision, reported at 98 F.4th 542	04/16/24
  Brief as Amicus	04/03/23

• 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

   

  Document	Date
  Court of Appeals Decision, reported at 89 F.4th 46	12/19/23
  Brief as Amicus	09/09/22

• Eknes-Tucker and United States v. Governor of the State of Alabama (11th Cir.) - Intervenor-Appellee

   

  Document	Date
  Court of Appeals Decision, reported at 80 F.4th 1205	08/21/23
  Brief as Intervenor-Appellee	08/10/22

• 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

   

  Document	Date
  Supreme Court Decision, reported at 143 S. Ct. 2141	06/29/23
  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

   

  Document	Date
  Court of Appeals Decision, reported at 68 F.4th 864	05/23/23
  Brief as Amicus	05/13/22

• Brandt v. Griffin (fka Rutledge) (8th Cir.) - Amicus

   

  Document	Date
  Notice of Withdrawal of Amicus Brief	02/28/25
  Brief as Amicus	12/14/23
  Court of Appeals Decision, reported at 47 F.4th 661	08/25/22
  Brief as Amicus	01/21/22

• 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

   

  Document	Date
  Supreme Court Decision, reported at 143 S. Ct. 2141	06/29/23
  Brief as Amicus (Merits)	08/01/22
  Brief as Amicus in Response to Court's Invitation	12/08/21

• Adams v. School Board of St. John's County (11th Cir.) - Amicus

   

  Document	Date
  Court of Appeals Decision En Banc, reported at 57 F.4th 791	12/30/22
  En Banc Brief as Amicus	11/26/21

• 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

   

  Document	Date
  Court of Appeals En Banc Decision, reported at 37 F.4th 104	06/14/22
  En Banc Brief as Amicus	11/18/21

• Corbitt v. Taylor (11th Cir.) - Amicus

  Document	Date
  Court of Appeals Decision, reported at 115 F.4th 1335	09/20/24
  Brief as Amicus	08/02/21

• 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

   

  Document	Date
  Court of Appeals Errata Sheet	11/24/20
  Court of Appeals Decision, reported at 980 F.3d 157	11/12/20
  Brief as Amicus	02/25/20

• 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

     

    Document	Date
    Supreme Court Decision, reported at 135 S. Ct. 2584	06/26/15
    Brief as Amicus	03/06/15

• 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

   

  Document	Date
  Court of Appeals Decision, available at 455 F. App'x 612	01/09/12
  Brief as Amicus	03/09/11

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