Legal Briefs
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.”
Michigan Supreme Court Recognizes Excellence of The Buckeye Institute, Asks for Briefs in Two Important Property Rights Cases
January 17, 2025

The Buckeye Institute filed amicus briefs in Jackson v. Southfield Neighborhood Revitalization Initiative and Yono v. Ingham County, two important property rights cases in That State Up North. The Michigan Supreme Court requested briefs from The Buckeye Institute recognizing the expertise of Buckeye’s legal team and their well-reasoned legal arguments. While That Team Up North thinks it is perfectly acceptable to steal signs, The Buckeye Institute urges the Michigan Supreme Court to reject this blasé attitude towards stealing and uphold the constitutional rights of private property owners.
The Buckeye Institute Files Case Demanding OAPSE Stop its Illegal Wage Theft
January 16, 2025

The Buckeye Institute filed a lawsuit on behalf of Matthew Sheldon of Carrollton, Ohio demanding that the government union—the Ohio Association of Public School Employees (OAPSE)/American Federation of State, County, and Municipal Employees (AFSCME), Local 541—stop its illegal wage theft and return the money it took out of Mr. Sheldon’s paycheck after he quit the union. Sheldon v. OAPSE was filed in Carroll County Court of Common Pleas.
The Buckeye Institute Calls on SCOTUS to Stop Biden’s Federal Surveillance Program of Small Businesses
January 10, 2025

The Buckeye Institute filed its third amicus brief in Texas Top Cop Shop v. Garland, calling on the U.S. Supreme Court to reject the Biden administration’s attempt to enforce the Corporate Transparency Act—an Orwellian federal surveillance program of small businesses. “The Framers of the U.S. Constitution designed the First Amendment to protect our right to associate, free from the government’s prying eyes.”
The Buckeye Institute: Calls on Fifth Circuit to Return Lump of Coal President Biden Gave 32 Million Americans
December 26, 2024

The Buckeye Institute filed its second amicus brief in Texas Top Cop Shop v. Garland, calling on the U.S. Court of Appeals for the Fifth Circuit to grant an emergency petition for rehearing en banc (by the full court) and reinstate a preliminary nationwide injunction on the Orwellian Corporate Transparency Act—a federal surveillance program of small businesses. This new filing follows a December 23 ruling by a three-judge panel of the Fifth Circuit that lifted the preliminary injunction.