Amicus Briefs

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Equality Under the Law

December 14, 2021
March 30, 2021

Colleges and universities cannot discriminate based on race in their admissions processes

Students for Fair Admissions v. Harvard

Colleges and universities cannot discriminate based on race in their admissions processes ...

February 16, 2021

The Voting Rights Act Guarantees Equal Opportunity to Vote, Not Equal Racial Outcomes

Brnovich v. Democratic National Committee

This case is centered on the proper interpretation of a key provision of the Voting Rights Act of 1965. Specifically, whether Section 2 of the Act should be read to prohibit almost any state election regulation that produces some racially disparate impact. If the Ninth Circuit was correct that it does, race will necessarily take center stage in eve ...

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 ...

August 01, 2017

Federal law deprives American Indian children of the “best interest of the child” standard in custody determinations

S.S. v. Colorado River Indian Tribes

Congress enacted the Indian Child Welfare Act (ICWA) to address the problem of unjustified removal of Indian children from their parents by "nontribal public and private agencies" and their placement in "non-Indian foster and adoptive homes and institutions." That concern is absent in a private action for termination of parental rights, a private d ...

May 25, 2017

Georgia Constitution disallows economic protectionism

Women’s Surgical Center, LLC v. Reese

Women's Surgical Center specializes in conducting outpatient procedures for traditionally inpatient surgeries, which benefits patients by providing less expensive and less invasive operations. Women's Surgical wants to expand its practice, building more operating rooms and contracting with more doctors. However, Georgia's Certificate of Need law al ...

September 14, 2016

Courts must not determine a law’s constitutionality based solely on government assurances of good will

Siena Corporation v. Mayor and City Council of Rockville, Maryland

Siena Corporation wanted to build a self-storage facility in Rockville, Maryland, but was thwarted when the city, at the behest of NIMBY neighbors, adopted a last-minute zoning change preventing the project. Siena sued but the district court upheld the zoning change as a "rational" exercise of the city's police power. Siena appealed, arguing that t ...

January 19, 2016

Unions attack–but can’t kill–Florida charter schools

School Board of Palm Beach County, Florida

The School Board of Palm Beach County illegally denied South Palm Beach Charter School's application to start a new charter school, claiming that the school lacks "innovation" and fails to fulfill the state charter statute's requirement that charter schools "encourage the use of innovative learning methods." The charter school applicant appealed to ...

December 30, 2015

Ban on felon-coaches is not racial discrimination

Hardie v. National Collegiate Athletic Association

Dominic Hardie is a high school basketball coach who is prohibited from coaching in National Collegiate Athletic Association (NCAA)-sponsored tournaments because he is a convicted felon. He sued the NCAA on the theory that the felon-ban violates Title II of the Civil Rights Act, which prohibits racial discrimination in places of public accommodatio ...