Legal Briefs
The Buckeye Institute Calls on Pennsylvania Supreme Court to End Chevron & Auer Deference
March 07, 2025

The Buckeye Institute filed an amicus brief with the Pennsylvania Supreme Court in Lutheran Home at Kane v. Pennsylvania Department of Human Services, calling on the court to “abandon deference to administrative agencies and reassert judicial authority in interpreting laws and regulations.” “The U.S. Supreme Court and 18 states—including Ohio—have revised their deference doctrines. This case presents the Pennsylvania Supreme Court an opportunity to abandon its deference to administrative agencies and reassert judicial authority in interpreting laws and regulations.”
The Buckeye Institute Calls on SCOTUS to Overturn New York’s Discriminatory Gun Law
February 26, 2025

The Buckeye Institute filed an amicus brief in Antonyuk v. James on behalf of Project 21, a national network of black political, civic, and business leaders. In its brief, The Buckeye Institute calls on the U.S. Supreme Court to hear the case and argues that New York’s Conceal Carry Improvement Act violates the constitutional right of the citizens of New York, particularly black New Yorkers, to keep and bear arms.
The Buckeye Institute to Court: End Federal Surveillance of Small Business Owners
February 25, 2025

The Buckeye Institute filed its fourth amicus brief in Texas Top Cop Shop v. Bondi, calling upon the U.S. Court of Appeals for the Fifth Circuit to affirm the district court’s injunction against the Corporate Transparency Act, which is a sweeping, ill-advised, and misleadingly-named law that gives the government power to collect private information on small business owners. “The alarming reporting requirements in this law constitute an unconstitutional dragnet federal surveillance program of American small business owners.”
The Buckeye Institute Calls on Court to Protect Americans from New Jersey’s Attempts to Silence Speech
February 24, 2025

The Buckeye Institute filed an amicus brief urging the U.S. Supreme Court to quash a New Jersey attorney general’s subpoena served on First Choice Women’s Resource Centers in an effort to silence organizations with whom the state disagrees. “New Jersey seems to be trying to harass and intimidate organizations and chill the First Amendment-protected free speech rights of Americans by demanding the private and constitutionally-protected information of donors.”
The Buckeye Institute to SCOTUS: Congress Cannot Abdicate its Lawmaking Responsibilities
February 18, 2025

The Buckeye Institute filed an amicus brief in Federal Communications Commission (FCC) v. Consumers’ Research, calling on the U.S. Supreme Court to revive the not-quite-dead nondelegation doctrine and tell Congress it cannot abdicate its lawmaking responsibilities to the executive branch. “This case offers the high court an opportunity to confirm that the nondelegation doctrine restricts Congress’ ability to delegate away its legislative powers and responsibilities.”
The Buckeye Institute Calls on SCOTUS to Overturn Penn Central, Better Protect American’s Private Property Rights
February 18, 2025

The Buckeye Institute filed an amicus brief in The Gym 24/7 Fitness v. Michigan and Mount Clemens Recreational Bowl, Inc. v. Hertel, calling on the U.S. Supreme Court to hear the cases and overturn Penn Central, a nearly 50-year-old case that allows the government—in violation of the U.S. Constitution—to take private property from Americans without just compensation. “For nearly half a century, courts have struggled to apply Penn Central with any consistency due to its weak constitutional foundation.”
The Buckeye Institute Takes OAPSE to Court…Again!
February 13, 2025

The Buckeye Institute filed another lawsuit against the Ohio Association of Public School Employees (OAPSE) for its refusal to end its illegal wage theft. Swanner v. OPASE was filed in Lorain County Court of Common Pleas on behalf of Shannon Swanner of Norwalk, Ohio. “Apparently, death and taxes aren’t the only things that are certain. According to OAPSE, so are union dues.”
The Buckeye Institute to Court: End Unlawful “Washington Knows Best” Noncompete Rule
February 10, 2025

The Buckeye Institute filed an amicus brief in Ryan LLC v. Federal Trade Commission (FTC) with the U.S. Court of Appeals for the Fifth Circuit. Buckeye argues that the FTC exceeded its statutory authority when it regulated employment contracts by drastically limiting noncompete clauses. “One hundred and fourteen years after the Federal Trade Commission Act was adopted, the FTC is asserting that it suddenly possesses not only the expertise but the authority to regulate noncompete clauses in employment contracts. It does not.”
The Buckeye Institute Urges SCOTUS to Balance the Scales of Justice
January 29, 2025

The Buckeye Institute filed an amicus brief in Jake’s Fireworks Inc. v. Consumer Product Safety Commission (CPSC), calling on the U.S. Supreme Court to hear the case and tell the government that businesses threatened with civil and criminal penalties by regulatory agencies are entitled to have their day in court. “This case presents the court with another opportunity to balance the scales of justice.”
The Buckeye Institute Urges SCOTUS to Overturn Kelo
January 21, 2025

The Buckeye Institute filed an amicus brief in Bowers v. Oneida County Industrial Development Agency, calling on the U.S. Supreme Court to hear the case and overturn its infamous decision in Kelo v. New London, which allows the government to take private property and give it to a private developer. “This case presents a good opportunity for the court to fix the unjust results of Kelo. It is time for the court to overturn Kelo.”