x
x

Legal Briefs

The Buckeye Institute Appeals Tax Case Against City of Akron

October 14, 2025

The Buckeye Institute appealed Kresevic v. Kimmel to Ohio’s Ninth District Court of Appeals on behalf of Buckeye’s client Karen Kresevic, urging the court to rein in local governments that continue to take income taxes from Ohioans illegally. In its appeal, The Buckeye Institute argues that the trial court erred in its decision to dismiss the case and that the city of Akron stretched the law in breach of its own tax ordinances and forms.

The Buckeye Institute Calls on SCOTUS to End TSUN’s Violation of Fifth Amendment

October 06, 2025

The Buckeye Institute filed an amicus brief in McGee v. Alger County Treasurer, calling on the U.S. Supreme Court to hear the case and protect homeowners from Michigan’s unconstitutional violation of the Fifth Amendment. The Manhattan Institute and the National Federation of Independent Business Small Business Legal Center joined The Buckeye Institute in filing the brief. “The Fifth Amendment’s just compensation requirement is categorical. When the government takes property, it must pay for it.”

The Buckeye Institute Calls on Court to Affirm Congressional Authority in Federal Rulemaking

October 06, 2025

The Buckeye Institute joined the Washington Legal Foundation in filing an amicus brief in Ohio Telecom Association v. Federal Communications Commission (FCC), calling on the U.S. Court of Appeals for the Sixth Circuit to hear the case en banc and affirm congressional authority over federal rulemaking. “The FCC has ignored congressional authority in proposing a nearly identical rule to one Congress already scrapped using the Congressional Rule Act process.” The NFIB Small Business Legal Center also joined the brief.

The Buckeye Institute Calls on Ohio Supreme Court to Strike Down Kent’s Unconstitutional Zoning Restrictions

September 08, 2025

The Buckeye Institute joined the Institute for Justice (IJ) in filing an amicus brief with the Ohio Supreme Court in Havel v. Board of Zoning Appeals, Kent, Ohio, calling on the court to protect property owners and strike down Kent’s unconstitutional zoning restrictions. In their brief, The Buckeye Institute and IJ cite numerous cases, including Norwood v. Horney, to argue that private property rights are fundamental rights and interference with those rights must receive meaningful scrutiny from Ohio courts.

The Buckeye Institute Files Brief in Important First Amendment Case

August 28, 2025

The Buckeye Institute filed an amicus brief in National Republican Senatorial Committee v. Federal Election Commission (NRSC v. FEC), calling on the U.S. Supreme Court to overturn Federal Election Commission v. Colorado Republican Federal Campaign Committee (Colorado II) and end the government’s harmful and unnecessary limits on free speech. In its brief, The Buckeye Institute argues that coordinated expenditures between political parties and candidates pose no particular threat of corruption, thus, the FEC’s blanket restriction on coordination is an excessive limit on free speech.

The Buckeye Institute Calls on SCOTUS to End Government Censorship of Vanity License Plates

August 28, 2025

The Buckeye Institute joined the Wisconsin Institute for Law & Liberty (WILL) in filing an amicus brief with the U.S. Supreme Court in Gilliam v. Gerregano, calling on the court to hear the case to clarify the scope of the “government speech doctrine” and end government censorship of vanity license plates. “This case exemplifies the government speech doctrine’s potential for abuse and overreach and underscores the urgent need for the high court to clarify its scope.”

The Buckeye Institute to SCOTUS: Protect Donor Privacy

August 27, 2025

The Buckeye Institute filed an amicus brief urging the U.S. Supreme Court to quash a New Jersey attorney general’s subpoena demanding First Choice Women’s Resource Centers turn over the private and constitutionally protected information of its donors. The Buckeye Institute argues “the issuance of this subpoena—even if it is ultimately quashed—severely chills First Amendment rights because individuals will now fear that their charitable contributions to organizations engaged in controversial issues will be subjected to…possible…retaliation.”

The Buckeye Institute Files 3rd Brief in Pandemic Era Unemployment Bonus Case

August 26, 2025

The Buckeye Institute filed its third amicus brief with the Ohio Supreme Court in Bowling v. DeWine, urging the court to hear the case (again) and affirm that Ohio’s Cooperation Statute does not require the governor to accept federal money every time it is offered. “By hearing Bowling v. DeWine again, the Ohio Supreme Court has the opportunity to make clear Ohio’s Cooperation Statute does not require the governor to accept every federal dollar offered.”

The Buckeye Institute Urges Court to End Discriminatory Workplace Initiatives

July 25, 2025

The Buckeye Institute filed an amicus brief in Diemert v. City of Seattle, urging the U.S. Court of Appeals for the Ninth Circuit to look to Justice John Marshall Harlan’s dissent in Plessy v. Ferguson and his expansive view of the 14th Amendment to end discriminatory workplace equity initiatives, which violate the U.S. Constitution and the U.S. Civil Rights Act of 1964. “By recognizing the wisdom in Justice Harlan’s Plessy dissent, this court can move us towards the color-blind Constitution and the America that Harlan envisioned.”

The Buckeye Institute Appeals Union Wage Theft Case

July 22, 2025

The Buckeye Institute filed its appeal brief in Sheldon v. Ohio Association of Public School Employees (OAPSE) with Ohio’s Seventh District Court of Appeals, calling on the court to reverse the lower court’s dismissal of the case and end the union’s wage theft practices. The Buckeye Institute represents Matthew Sheldon of Carrollton, Ohio, in Sheldon v. OAPSE—one of seven union wage theft cases brought by The Buckeye Institute. Stay up-to-date on Sheldon v. OAPSE at: BuckeyeInstitute.org/SheldonvOAPSE.