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Appellate Section - Other

Briefs and Opinions

  • Lucas v. VHC Health (4th Cir.) - Amicus
    • Retaliation claims are cognizable under Section 1557 of the Affordable Care Act, regardless of whether a claim arises in the employment context
    Document Date 
    Brief as Amicus 05/13/24
  • Jackson Municipal Airport Authority v. Harkins (5th Cir.) - Amicus
    • The district court did not abuse its discretion when it required the legislators to provide a privilege log
    Document Date 
    Court of Appeals Decision, available at 2024 WL 1394246 04/02/24
    En Banc Brief as Amicus 11/16/23
  • Disability Rights Texas v. Hollis (5th Cir.) - Amicus
    • The district court correctly ordered disclosure of a video that may show a patient being abused at Houston Behavioral’s psychiatric facility
    Document Date 
    Court of Appeals Decision, available at 2024 WL 2836594 06/05/24
    Brief as Amicus 09/29/23
  • 303 Creative LLC v. Elenis (S. Ct.) - Amicus
    • The Free Speech Clause does not entitle a commercial wedding-website service to categorically refuse to serve same-sex couples
    Document Date 
    Supreme Court Decision, reported at 143 S. Ct. 2298 06/30/23
    Brief as Amicus 08/19/22
  • Shoop v. Twyford (S. Ct.) - Amicus
    • The All Writs Act allows a district court to order transport of a state prisoner for a medical test in appropriate circumstances
    • A transport order is not appropriate in a Section 2254 case unless, at minimum, the prisoner establishes that the evidence may be used to show his entitlement to relief
    Document Date 
    Supreme Court Decision, reported at 142 S. Ct. 2037 06/21/22
    Brief as Amicus 03/07/22
  • Dream Defenders v. Governor of the State of Florida (11th Cir.) - Amicus
    • To obtain a binding construction that could eliminate the constitutional issues in this case, this court should certify to the Florida Supreme Court the question of Section 15’s scope
    Document Date 
    Court of Appeals Decision, reported at 57 F.4th 879 01/10/23
    Brief as Amicus 02/03/22
  • Irizarry v. Yehia (10th Cir.) - Amicus
    • The First Amendment protects the right to record police officers performing their duties in public, subject to reasonable time, place, and manner restrictions
    • This court should answer the constitutional question in this case, regardless of how it resolves the qualified immunity question
    Document Date 
    Court of Appeals Decision, reported at 38 F.4th 1282 07/11/22
    Brief as Amicus 11/24/21
  • Hecox v. Little (9th Cir.) - Amicus
    • The Fairness Act does not discriminate on the basis of transgender status
    • Even if the Fairness Act discriminated against transgender athletes, the act would still comply with the Equal Protection Clause
    Document Date 
    United States withdrew the amicus brief filed. 02/24/21
    Brief as Amicus 11/19/20
  • State Of Indiana ex rel. Roman Catholic Archdiocese of Indianapolis v. Marion County Superior Court (Ind.) - Amicus
    • The First Amendment right of expressive association protects the Archdiocese’s determination that Cathedral may not simultaneously employ Payne-Elliott and identify as Catholic
    • The church-autonomy doctrine prohibits judicial inquiry into the Archdiocese’s religious directive to Cathedral to terminate Payne-Elliott’s employment or disassociate from the Catholic church
    • The “ministerial exception” prohibits judicial scrutiny of the Archdiocese’s directive to Cathedral to terminate Payne-Elliott’s employment
    Document Date 
    State Court Order 12/10/20
    Brief as Amicus 09/17/20
  • Givens, et al. v. Newsom (9th Cir.) - Amicus
    • This court should vacate the district court’s erroneous denial of plaintiffs’ challenge to California’s ban on political protests in light of California’s intervening change in law
    • This court should provide guidance on the appropriate First Amendment framework to apply on remand
    Document Date 
    Court of Appeals Order, available at 830 F. App'x 560  12/04/20
    Brief as Amicus 06/10/20
  • Preterm-Cleveland v. Acton (formerly Himes) (6th Cir.) – Amicus
    • Plaintiffs failed to establish a substantial obstacle in this facial challenge
    • The Antidiscrimination Law’s benefits justify any burdens
    • Casey did not purport to resolve the issues here
    Document Date 
    Court of Appeals Decision, reported at 994 F.3d 512 04/13/21
    Brief as Amicus 01/21/20
  • In re American Civil Liberties Union (1st Cir.) - Respondent
    • the United States has no interest in the relief the ACLUs seek in the petition
    • The United States has no role in Jones and no stake in Dr. del Carmen's ability to serve as an expert in that case; however, if Dr. del Carmen were allowed to participate, he would be bound by the confidentiality and work-product protections referenced in the order relieving him of Special Master duties in United States v. Puerto Rico
    Document Date 
    Court of Appeals Judgment 03/12/20
    Answer to Petition for a Writ of Mandamus or Prohibition [The First Circuit unsealed this document on October 25, 2019.] 10/15/19
  • Young America's Foundation v. Napolitano (N.D. Cal.) - Amicus
    • Plaintiffs adequately pleaded that the University’s High-Profile Speaker Policy and Major Events Policy violate the First Amendment
    Document Date 
    District Court Order 04/25/18
    Statement of Interest 01/25/18
  • Shaw v. Burke (C.D. Cal.) - Amicus
    • Defendants miss the point in arguing that their permitting requirements are not “inherently unconstitutional”
    • Defendants mischaracterize the well-settled law governing the regulation of free speech on public property
    • The United States’ participation in this case is proper
    • Plaintiff adequately pleaded that the district and college speech restrictions violate the First Amendment
    Document Date 
    District Court Order, available at 2018 WL 459661 01/17/18
    Supplemental Statement of Interest 11/09/17
    Statement of Interest 10/24/17
  • Uzuegbunam v. Preczewski (N.D. Ga.) - Amicus
    • Plaintiffs’ complaint adequately pleads First and Fourteenth Amendment claims against GGC’s content-based speech practices
    Document Date 
    District Court Order 05/25/18
    Statement of Interest 09/26/17
  • Youhoing-Nanan v. United States Department of Justice (D.C. Cir.) - Respondent
    • This court lacks jurisdiction to review the Department's decision, and accordingly should dismiss the petition for review and deny petitioners’ pending motion to proceed in forma pauperis as moot
    Document Date 
    Dismissed 09/08/17
    Motion to Dismiss and Response to Motion to Proceed In Forma Pauperis 03/22/17
  • Geraci and Fields v. Philadelphia (3d Cir.) - Amicus
    • The First Amendment protects activities that enable speech
    • All courts of appeals that have considered whether the First Amendment applies to recording police activity have concluded that it does
    Document Date 
    Order Amending Court of Appeals Decision 07/13/17
    Court of Appeals Decision, reported at 862 F.3d 353 07/07/17
    Brief as Amicus 10/31/16
  • Boswell v. SkyWest Airlines, Inc. (10th Cir.) -- Amicus Curiae
    • An air carrier may choose not to provide passengers with medical oxygen without showing that providing it would be an undue hardship or fundamental alteration
    • The Air Carrier Access Act of 1986 does not create a private cause of action
    Document Date 
    Court of Appeals Decision, reported at 361 F.3d 1263 03/16/04
    Brief as Amicus 11/24/03

Browse Briefs by Category

Access to Justice
Affirmative Action
Americans with Disabilities Act and Section 504 of the Rehabilitation Act
Constitutionality of Federal Statutes
Employment Discrimination (Race, National Origin, Sex, and Religion)
Equal Credit Opportunity Act
Equal Protection Clause
Freedom of Access to Clinic Entrances Act
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

Updated June 11, 2024