all things amicus

ALF Brief Opposes Exclusion of Industry Scientists From Key EPA Advisory Committee

The Federal Advisory Committee Act (“FACA”) requires all federal departments and agencies to ensure that the membership of each of their scientific and other advisory committees “be fairly balanced in terms of the points of view represented and the functions to be performed.”  5 U.S.C. app. 2  § 5(b)(2). The Clean Air Scientific Advisory Committee […]

ALF Brief Opposes Exclusion of Industry Scientists From Key EPA Advisory Committee Read More »

Larry Ebner Proposes Elimination of Amicus Consent/Permission Requirement In Federal Courts of Appeals

On behalf of the DRI Center for Law and Public Policy, Larry Ebner, who chairs the Center, has submitted a letter to the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission,

Larry Ebner Proposes Elimination of Amicus Consent/Permission Requirement In Federal Courts of Appeals Read More »

all things amicus

ALF Argues That Half-Trillion Dollar Student Debt Cancellation Is Unconstitutional

Last October, less than a month before the mid-term election, the Biden administration announced mass cancellation of student loan debt owed to the federal government by approximately 20 million borrowers. The Congressional Budget Office estimates that under the program—which is currently enjoined—more than $400 billion in student debt would be wiped out. Other estimates exceed

ALF Argues That Half-Trillion Dollar Student Debt Cancellation Is Unconstitutional Read More »

all things amicus

ALF Brief Argues Federal Law Preempts California Ban On Sale Of USDA-Approved Poultry Product

United States Department of Agriculture (USDA) food and labeling standards define foie gras as duck or goose liver “obtained exclusively from specially fed and fattened geese and ducks.”  This centuries-old process, long used in France , involves “force feeding” geese and ducks to enlarge their livers. It is the only way to produce genuine foie gras. California,

ALF Brief Argues Federal Law Preempts California Ban On Sale Of USDA-Approved Poultry Product Read More »

Supreme Court Ditches Amicus Consent Requirement

The Supreme Court on December 5 announced revisions to its rules—including elimination of the requirement that an amicus curiae obtain either the parties’ consent or the Court’s permission prior to filing its friend-of-the-court brief. “Deleting the consent requirement reflects how commonplace the filing of amicus briefs has become in the Supreme Court. The federal courts of appeals should follow

Supreme Court Ditches Amicus Consent Requirement Read More »

ALF Brief Supports Broad Protection For Attorney-Client Communications

The Atlantic Legal Foundation has filed a Supreme Court merits-stage amicus brief, advocating for broad attorney-client privilege protection, including for in-house corporate counsel. Case Background The attorney-client privilege protects the confidentiality of communications between lawyers and their clients. In Upjohn Co. v. United States, 449 U.S. 383 (1981), the Supreme Court held that the privilege applies in

ALF Brief Supports Broad Protection For Attorney-Client Communications Read More »

ALF Amicus Brief Argues That School District’s Transgender Student Policy Violates Parental Rights

Case Background Parents Defending Education, a nonprofit organization that promotes “the restoration of a healthy, non-political education” for the nation’s children, has filed federal district court litigation challenging an Iowa public school district’s transgender student policy. This policy, titled Administrative Regulations Regarding Transgender and Students Nonconforming to Gender Role Stereotypes, purports “to expeditiously address the needs

ALF Amicus Brief Argues That School District’s Transgender Student Policy Violates Parental Rights Read More »

all things amicus

ALF Argues That Government Cannot Deputize Social Media To Suppress Free Speech That Questions Science Behind COVID Messaging

The plaintiffs in Changizi v. Department of Health and Human Services allege that the federal government, primarily through the Office of the Surgeon General, has pressured Twitter and other social media to censor them and other individuals who “question the wisdom, efficacy, and morality of government responses to the [COVID-19] pandemic, specifically lockdowns and mask and vaccine

ALF Argues That Government Cannot Deputize Social Media To Suppress Free Speech That Questions Science Behind COVID Messaging Read More »

ALF Urges Supreme Court To Decide Whether COVID Liability Suits Are Removable To Federal Court

The certiorari petition in Glenhaven Healthcare LLC v. Saldana, No. 22-192, presents an important and frequently recurring question that has enormous implications for public health as well as civil justice: Whether COVID-19-related personal-injury and wrongful-death suits, which implicate the immunity-from-suit-and-liability provision and additional legal protections expressly afforded to healthcare facilities and workers by the Public Readiness and

ALF Urges Supreme Court To Decide Whether COVID Liability Suits Are Removable To Federal Court Read More »

Amicus Brief Urges Supreme Court To Overrule Century-Old Precedent On General Personal Jurisdiction Over Corporate Defendants

On behalf of the Atlantic Legal Foundation  (ALF),  I have filed a merits-stage amicus brief urging the Supreme Court to hold in Mallory v. Norfolk Southern Ry. Co., No. 21-1168, that a nonresident corporation cannot be subjected to a State’s general jurisdiction merely because, as required by the State, it registers to do business. This is

Amicus Brief Urges Supreme Court To Overrule Century-Old Precedent On General Personal Jurisdiction Over Corporate Defendants Read More »

Scroll to Top