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Letter of the Deputy Solicitor General (This letter is to notify the Court that the previously filed briefs no longer represent the position of the United States.) 02/07/25 Reply Brief 11/07/24 Brief as Petitioner 08/27/24 Certiorari Granted, reported at 144 S. Ct. 2679 06/24/24 Reply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
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