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 […]

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DRI Public Policy Center Proposes Elimination of Amicus Consent/Permission Requirement In Federal Courts of Appeals

On behalf of the DRI Center for Law and Public Policy, I have submitted a letter to the Judicial Conference’s Standing Committee recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission, for filing amicus briefs. The Center’s recommendation follows the recent elimination

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Widely Read Op-Ed Urges Eliminating Amicus Consent Requirement In Federal Appeals Courts

When the Supreme Court announced that effective January 1, 2023, it no longer will require the parties’ consent, or the Court’s permission, to file an amicus brief, Capital Appellate Advocacy founder Larry Ebner posted a short alert about this development on LinkedIn. After that alert – which proposed that that the same requirement be eliminated

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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,

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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

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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

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How To Draft An Amicus Brief That Actually Gets Read

“Writing amicus curiae (‘friend of the court’) briefs is my favorite activity as an appellate lawyer,” Capital Appellate Advocacy founder and Atlantic Legal Foundation Executive Vice President & General Counsel Larry Ebner explains at the beginning of  his recent article, How To Draft An Amicus Brief That Actually Gets Read.  Published by the Federation of Defense & Corporate Counsel in

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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

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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

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