Amicus Briefs

Sort By:
April 21, 2020

Ending discrimination against Asian-Americans at Harvard

Students for Fair Admissions v. Harvard

Can Harvard University discriminate against Asian American applicants in its admissions process? Federal civil rights law requires Harvard, which accepts federal funding, to comply with the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. Yet, last October, a federal district court held that Harvard's admissions process ...

April 20, 2020

The police can't deliberately destroy innocent people’s homes without paying fair, constitutionally-required compensation

Lech v. City of Greenwood Village

This case is about whether the Constitution requires the government to compensate an innocent family for deliberately destroying their house while attempting to arrest a fugitive.In our friend-of-the-court brief, PLF argues that the Supreme Court should grant the Institute for Justice's petition for a writ of certiorari because the Tenth Circui ...

December 09, 2019

Property rights enable landowners to protect themselves from pollution

Atlantic Richfield Co. v Christian

In Atlantic Richfield Company v. Christian, the Supreme Court will decide whether landowners can sue the owner of a copper smelter that dumped tons of toxic pollutants on their property. If they can sue, as the Montana Supreme Court held, private property rights will remain one of the most important tools for protecting the environment. If they can ...

December 09, 2019

Addressing groundwater regulation must be left to state and local governments

County of Maui, Hawaii v. Hawaii Wildlife Fund

This case is about whether the Clean Water Act regulates pollution that reaches surface water from groundwater. If it does, as the Ninth Circuit Court of Appeals has said, then every homeowner with a septic tank could be subject to harsh treatment from federal agency bureaucrats. ...

December 09, 2019

Constitutional Violations Require Meaningful Remedies

Aurelius Investment, LLC. v. Puerto Rico

This case asks whether Congress had the authority to create a board to bring bankruptcy-like proceedings on behalf of the Commonwealth of Puerto Rico. The board's membership is appointed without Senate confirmation even though the board exercises extremely broad authority. The First Circuit found that these appointments violated the Constitution's ...

December 09, 2019

Can the government deny privately donated scholarships to religious school students just because the donor receives a tax credit?

Espinoza v. Montana Department of Revenue

The most significant school choice case before the Supreme Court in decades involves Montana's tax-credit scholarship program. Under the program, Montana students could receive scholarship assistance to attend the private school of their choice, and donors to the scholarship program were entitled to a small tax credit. But the Montana Department of ...

December 09, 2019

Regulatory Agencies Must be Accountable to the President

Seila Law, LLC v. Consumer Financial Protection Bureau

Can Congress restrict the President's power to remove high-level officials in the Executive Branch? If so, as some lower courts have held, then the President cannot discharge his constitutional obligation to ensure that the "Laws are faithfully executed." To meet this obligation, the President must have sufficient control over his administration— ...