Legal Briefs
The Buckeye Institute Urges SCOTUS to Affirm Sanctity of Property Rights
The Buckeye Institute filed its amicus brief in GHP Management Corp. v. Los Angeles, urging the U.S. Supreme Court to hear the case and “affirm the sanctity of private property rights.” The Manhattan Institute joined The Buckeye Institute on its brief. In their brief, amici argue that Los Angeles’ pandemic-era eviction ban deprived property owners of a fundamental element of their property rights in violation of the Fifth Amendment of the U.S. Constitution, which says that the government cannot take private property without just compensation.
The Buckeye Institute to Court: Don’t Erode Access to America’s Legal System
The Buckeye Institute filed an amicus brief in Holman v. Vilsack with the U.S. Court of Appeals for the Sixth Circuit calling on the court to protect access to America’s legal system as Congress intended when it passed the 1980 Equal Access to Justice Act. In its brief, The Buckeye Institute called on the full Sixth Circuit to reconsider a ruling by a three-judge panel that denied Mr. Holman his attorneys’ fees—in violation of the Equal Access to Justice Act.
The Buckeye Institute Files Brief in Oklahoma School Choice Case
The Buckeye Institute filed an amicus brief in Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond, calling on the U.S. Supreme Court to hear the cases and reaffirm that the government cannot discriminate against religious schools by excluding them from generally available programs. “One thing, at least, is undisputed—children in Oklahoma, and across the nation, deserve a high-quality education to prepare them for college and real life.”
The Buckeye Institute Urges SCOTUS to Protect Free Speech on College Campuses
The Buckeye Institute filed an amicus brief asking the U.S. Supreme Court to hear Speech First v. Whitten and find that Indiana University’s bias incidents policy violates students’ First Amendment rights. “Civility and inclusion are laudable goals and, undeniably, an important component of a college education. But when the policies used to pursue those goals chill free speech and violate the U.S. Constitution, those policies cannot be allowed to stand.”
The Buckeye Institute Calls on SCOTUS to Protect Freedom of Speech
The Buckeye Institute filed an amicus brief in Advance Colorado v. Griswold, calling on the U.S. Supreme Court to hear the case and tell Colorado that its government-compelled ballot-language speech code violates the First Amendment. “Colorado’s ballot-language speech code gives the government unchecked control over the messaging of citizen ballot initiatives, a clear violation of the First Amendment. It not only forces Advance Colorado to say things it doesn’t agree with, but it also forces them to give misleading information to voters.”
The Buckeye Institute Appeals Cleveland Class Action Tax Case
The Buckeye Institute filed its appeal brief in Wos v. Cleveland, calling on Ohio’s Eighth District Court of Appeals to hold Cleveland accountable for ignoring its own city ordinance, which requires the city to pay interest on any municipal income tax refund not paid within 90 days after a taxpayer files their return. “The trial court erred in dismissing Wos v. Cleveland. There simply are no administrative remedies to exhaust, and the law is clear.”
In Legal Brief, The Buckeye Institute Argues Lower Courts Cannot Ignore SCOTUS Precedent
The Buckeye Institute filed an amicus brief in Snope v. Brown, calling on the U.S. Supreme Court to hear the case and make it clear to lower courts that they must follow and apply Supreme Court precedents. “Lower courts must adhere to the controlling decisions of the U.S. Supreme Court in all cases. The dangers of ignoring this basic legal principle, as Chief Justice William Rehnquist explained, is ‘anarchy…within the federal judicial system.’”
The Buckeye Institute Calls on Court to Rein In U.S. EPA
The Buckeye Institute filed an amicus brief in Kentucky v. U.S. Environmental Protection Agency (EPA), calling on the U.S. Court of Appeals for the District of Columbia Circuit to tell the U.S. EPA that its new emissions rule—that effectively imposes a de facto electric-vehicle mandate—exceeds the agency’s Congressional authority. “Congress created the U.S. EPA to combat acute environmental health risks, not to run the U.S. automotive industry.”
The Buckeye Institute Calls on SCOTUS to End Use of Unconstitutional In-House Tribunals
The Buckeye Institute joined the Cato Institute and the National Federation of Independent Business in filing an amicus brief in Leachco, Inc. v. Consumer Product Safety Commission, calling on the U.S. Supreme Court to hear the case and end the federal government’s use of unconstitutional in-house tribunals to harass and intimidate Americans. “Not only does the Consumer Product Safety Commission’s structure violate the Constitution, it violates any common understanding of fairness.”
The Buckeye Institute Calls on Court to Stop Government from Using Private Businesses as ATMs
The Buckeye Institute filed an amicus brief in Buffalo, NY v. Hyundai, calling on the U.S. Court of Appeals for the Ninth Circuit to stop governments from misusing the courts to turn private businesses into ATMs to fund local government operations. “The cities’ claim that Hyundai should have anticipated criminals circumventing commonly used anti-theft measures and that those criminals would take to social media to encourage others to engage in criminal activity is preposterous.”