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Tag Archives: Amicus

Our Amicus Brief in the Thomas More Law Center Individual Mandate Case

(Ilya Somin) For those who may be interested, I have written an amicus brief in Thomas More Law Center v. Obama, one of the cases challenging the constitutionality of the Obama health care bill’s individual mandate. I wrote the brief on behalf of the Washington Legal Foundation and twelve members of the House of Representatives. [...]

Cato and My Amicus Brief in Sixth Circuit

(Randy Barnett) On Wednesday, the Cato Institute and I filed an amicus brief in the lawsuit brought by the Thomas More Law Center. (This is the complaint dismissed by District Court Judge Steeh prior to District Court Judge Hudson finding the individual mandate to be unconstitutional.) In our brief, we describe the existing doctrine governing [...]

Amicus Brief in Support of Cert. in Tobacco Master Settlement Case

(Todd Zywicki) I was pleased, along with Josh Wright and several other antitrust scholars, to submit an amicus brief in support of cert. in the Tobacco Master Settlement Case.  We argue that the state action exception to the antitrust laws should not be extended to cover a multistate government-created cartel such as this one.  We [...]

Brief in Opposition (Plus An Amicus Brief on Our Side) in My Non-Unanimous Criminal Jury Case

(Eugene Volokh) An update for those people who have been interested in my certiorari petition in Herrera v. Oregon (the one that argues that the Jury Trial Clause, as incorporated against the states through the Fourteenth Amendment, should be read to require jury unanimity for a conviction in state court): A. The Oregon Attorney General’s office [...]

Pawlenty Tries To File Amicus Brief Against Health Law

Back in April, Minnesota Attorney General Lori Swanson (D) rebuffed Gov. Tim Pawlenty’s (R-MN) request to challenge the constitutionality of health reform and filed a friend-of-the-court brief supporting the federal government. “Having carefully reviewed the applicable Supreme Court precedent and other legal authority, it is my legal opinion that health care — which comprises over [...]

Amicus brief in Calif. concealed carry case

(David Kopel) Peruta v. San Diego is one of several cases challenging sheriff misapplication of California’s concealed handgun carry licensing statute. The case features Chuck Michel as lead attorney for plaintiffs. The case does not assert that California’s statute requiring a license to carry a concealed handgun for protection is unconstitutional. Rather, the argument is [...]

Our Amicus Brief Urging the Supreme Court to hear the Columbia University “Blight” Takings Case

(Ilya Somin) I recently wrote an amicus brief urging the Supreme Court to hear the Columbia University blight takings case, on behalf of the Institute for Justice (the public interest law firm that litigated Kelo v. City of New London, among many other important property rights cases), The Becket Fund for Religious Liberty, and the [...]

Ninth Circuit Lets Foreign Governments File Amicus Briefs in Challenge to Arizona’s Immigration Laws

(Eugene Volokh) Politico reports on this, and on the Arizona Gov. Jan Brewer’s reaction: Republican Gov. Jan Brewer on Tuesday asked a federal court to disallow foreign governments from joining the U.S. Department of Justice lawsuit to overturn the law.  The move comes in response to a 9th Circuit Court of Appeals ruling issued Monday, allowing [...]

My Amicus Brief with Cato and CEI.

(Randy Barnett) Ilya has posted a link to his brief for the Washington Legal Foundation contesting the constitutionality of the individual health insurance mandate for the motion for summary judgment now pending before Judge Hudson who previously denied the government’s motion to dismiss. My brief with the Cato Institute and the Competitive Enterprise Institute can [...]

Our Amicus Brief in the Virginia Case Challenging the Constitutionality of the Obama Health Care Plan

(Ilya Somin) Today, we filed an amicus brief in Virginia v. Sebelius, one of the cases challenging the constitutionality of the Obama health care plan’s individual mandate, which requires nearly all Americans to purchase health insurance by 2014 or pay a fine. I wrote the brief on behalf of the Washington Legal Foundation, a prominent [...]

The Academic Amicus Brief in SEC v. Mark Cuban

Andrew Woods analyzes the “detailed and impressive arguments” made in the amicus brief of which I was a co-signer. ProfessorBainbridge.com

The Academic Amicus Brief in SEC v. Mark Cuban

Andrew Woods analyzes the “detailed and impressive arguments” made in the amicus brief of which I was a co-signer. ProfessorBainbridge.com

First Amendment Scholars’ Amicus Brief in the Violent Video Games Case

(Eugene Volokh) I’m pleased to report that Don Falk, Rita Lomio, and I are filing today an amicus brief in the Court’s forthcoming violent video games case (Schwarzenegger v. Entertainment Merchants Ass’n), on behalf of Profs. David Cole, Ken Karst, David Post, Martin Redish, William Van Alstyne, Jonathan Varat, and Adam Winkler. The brief aims [...]