Supreme Court of the United States Commons^™

Brief For Council Of Islamic Schools In North America, Partnership For Inner-City Education, And Union Of Orthodox Jewish Congregations Of America As Amici Curiae In Support Of Petitioners, Nicole Stelle Garnett, Richard W. Garnett Iv, Michael H. Mcginley

Court Briefs

No. 20-1088
David and Amy Carson v. A. Pender Makin

On Petition for Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

This Court should grant certiorari in order to clarify that any discrimination on the basis of religious status or religious use is subject to “the most exacting scrutiny.” Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012, 2021 (2017).

Brief Of The Muslim Public Affairs Council, Religious Freedom Institute's Islam And Religious Freedom Action Team, And Asma Uddin, Stephanie Barclay

Court Briefs

No. 20-A90
Agudath Israel of America v. Andrew M. Cuomo

Including the Motion for Leave to File Amicus Curiae Brief in Support of Applicant by the Muslim Public Affairs Council, Religious Freedom Institute's Islam and Religious Freedom Action Team, and Asma Uddin (i–iii).

From the Summary of Argument

Since ancient times, peoples around the world have symbolically vested the perceived wrongdoings of their community onto “scapegoats,” who are sacrificed in the hope that those wrongdoings will be expiated, and the hard times will pass. Too often, religious minorities have served as scapegoats in times of sickness, war, and fear—from Jews …

Brief Of Religious Liberty Scholars, Employment Law Scholars, And Karamah: Muslim Women Lawyers For Human Rights As Amici Curiae In Support Of Petitioner, Douglas Laycock, Richard W. Garnett

Court Briefs

No. 19-1388
Jason Small v. Memphis Light, Gas & Water

On Petition for Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit

From the Summary of Argument

This case is an ideal vehicle for correcting an error that has undermined protection for religious workers across the country, in defiance of clear statutory text and underlying principles of religious liberty.

John Fitisemanu, Et. Al. V. United States Of America, Et. Al., And The American Samoa Government And The Hon. Aumua Amata, Rafael Cox Alomar

Court Briefs

No abstract provided.

Financial Oversight And Management Board For Puerto Rico V. Aurelius Investment, Llc, Rafael Cox Alomar

Court Briefs

No abstract provided.

John Fitisemanu, Et. Al. V. United States Of America, Et. Al., Rafael Cox Alomar

Court Briefs

No abstract provided.

Brief Amicus Curiae On Behalf Of Intellectual Property Professors In Support Of Petitioner, Mark Mckenna, Mark A. Lemley, Christopher Jon Sprigman, Rebecca Tushnett

Court Briefs

No. 15-866
Star Athletica, LLC v. Varsity Brands, Inc.

On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit

From the Summary of Argument:

In its 1976 revision of the Copyright Act, Congress decided to separate applied art from industrial design, admitting the former to copyright and excluding the latter. It drew this distinction precisely because it intended to differentiate copyright from design and utility patent. Congress recognized as applied art only those aesthetic features of a useful article that could be “separated” from that useful article rather than being integrated into the article.

The …

Brief Of The Catholic University Of America School Of Canon Law, The Lutheran Church-Missouri Synod, The Queens Federation Of Churches, And The Serbian Orthodox Church In North And South America, As Amici Curiae In Support Of Petitioners, Richard W. Garnett, David H. Hyams

Court Briefs

No. 15.1005
Chabad-Lubavitch of Michigan v. Dr. Dov Schuchman

On Petition for a Writ of Ceriorari to the Supreme Court of Michigan

This brief addresses the importance of the principle of church autonomy and the protections provided by the First and Fourteenth Amendments and this Court's precedents regarding religious denominations' internal mandatory dispute-resolution procedures.

Brief Of Religious Liberty Scholars As Amici Curiae In Support Of Petitioners, Steven T. Collis, Michael Robertson, Adam A. Hubbard, Douglas Laycock, Gerard V. Bradley, Richard W. Garnett, Kristine J. Kalanges

Court Briefs

No. 15-862
Stormans, Inc. v. John Wiesman

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

This Court’s free-exercise jurisprudence is defined by two cases with facts at opposite ends of a continuum. The Court decided them a quarter century ago, and it has provided no further guidance despite a growing circuit split. Lower courts that carefully examined this Court’s opinions found a clear rule that governments must treat religious conduct as well as they treat analogous secular conduct—or face strict scrutiny. But that rule has …

Brief Amici Curiae Of 37 Intellectual Property Professors In Support Of Petition For Certiorari, Mark A. Lemley, Mark Mckenna

Court Briefs

No. 15-777
Samsung Electonics Co., Ltd. v. Apple Inc.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Federal Circuit

From the Summary of Argument:

This case presents two issues that justify this Court’s review.
First, the Federal Circuit upheld a finding of design patent infringement based on the very same Apple designs that it found functional under trade dress law. Such a counterintuitive outcome is possible because the Federal Circuit has constructed a highly constrained definition of functionality in design patent law, which is at odds with this Court’s precedent in both utility …

Brief Of Amici Curiae Constitutional Law Scholars In Support Of Petitioners, Ryan A. Shores, William J. Haun, Richard W. Garnett

Court Briefs

Nos. 14-1418, 14-1453, 14-1505, 15-35, 15-105, 15-119, & 15-191
Little Sisters of the Poor Home for the Aged v. Sylvia Matthews Burwell

On Writs of Ceriorari to the United States Courts of Appeals for the Third, Fifth, Tenth, and District of Columbia Circuits

From the Summary of Argument

“[I]n a complex society and an era of pervasive governmental regulation, defining the proper realm for free exercise can be difficult.” Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751, 2781, 2785 (2014) (Kennedy, J., concurring). The Religious Freedom Restoration Act (“RFRA”)2 addresses that difficulty by harmonizing religious freedom and …

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of Petitioners, John D. Adams, Matthew A. Fitzgerald, O. Carter Snead

Court Briefs

No. 15-105
Little Sister of the Poor Home for the Aged v. Sylvia Mathews Burwell

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit

From the Summary of Argument

Suppose a federal law required government officials to enter a Catholic church and use church property to distribute contraceptives and abortifacients over church’s objection. Such a law would surely burden the church’s religion, even if the government paid for the objectionable medications and compensated the church for the use of its resources. By commandeering church property, such a law would force the …

Brief For Eighteen Criminal Law Professors As Amici Curiae In Support Of Petitioner, Steffen N. Johnson, Andrew C. Nichols, Eric M. Goldstein, Eric T. Werlinger, Richard W. Garnett, Stephen F. Smith

Court Briefs

No. 13-7451
John L. Yates v. United States of America

On Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit

From the Summary of Argument

The modern federal criminal code is vast and unwieldy: some 4,500 laws criminalize conduct ranging from stockpiling biological weapons (18 U.S.C. § 175) to falsely representing oneself as a 4-H Club representative (id. § 916). Moreover, a host of these laws are redundant. Indeed, some federal crimes—notably fraud and false statements—are independently prohibited by over two hundred different statutes. Combined with over 300,000 federal criminal regulations, the canon …

Brief Of Eugene Volokh, Richard W. Garnett, Michael Stokes Paulsen, Timothy Zick, William E. Lee, Alan K. Chen, & Ronald J. Krotoszynski, Jr. As Amici Curiae In Support Of Petitioners, Kevin C. Walsh, Matthew A. Fitzgerald, Andriana S. Daly, Richard W. Garnett

Court Briefs

No. 12-1168
Eleanor McCullen v. Martha Coakley

On Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

Even many steadfast supporters of abortion rights believed that the Court erroneously applied the First Amendment in Hill v. Colorado, 530 U.S. 703 (2000). As put bluntly by leading liberal scholar Professor Laurence Tribe, Hill was among the candidates for “most blatantly erroneous” decisions of the 1999 Term. Tribe added that the case was “slam-dunk simple” yet the Court got it “slam-dunk wrong.”

Specifically, pro-choice and pro-life scholars alike agreed that the …

Brief Of Richard W. Garnett, Michael Stokes Paulsen, & Eugene Volokh As Amici Curiae In Support Of Petitioners, Kevin C. Walsh, Ryan A. Shores, Richard W. Garnett

Court Briefs

No. 12-1168
Eleanor McCullen v. Martha Coakley

On Petition for a Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

This Court granted certiorari in Hill v. Colorado “[b]ecause of the importance of the case.” 530 U.S. 703, 714 (2000). The Court should grant certiorari in this case because of the importance of placing limits on Hill.

The Court does not need to overrule Hill to contain the damage wrought by the First Circuit’s expansion of it. But the Court should contain Hill and thereby prevent further erosion of …

Supplemental Brief Of Professors Anthony J. Bellia Jr. And Bradford R. Clark As Amici Curiae In Support Of Respondents, Christopher J. Paolella, Anthony J. Bellia

Court Briefs

No. 10-1491
Esther Kiobel v. Royal Dutch Petroleum Co.

On Writ of Certiorari to the United States Cour of Appeals for the Second Circuit

From the Summary of Argument

This case squarely presents the question whether ATS jurisdiction extends to claims solely between aliens. The plaintiffs and defendants are all aliens; no U.S. citizen or corporation has ever been a party to the case. Because the issue of party alignment under the ATS is a question of subject matter jurisdiction, the parties cannot waive it, and either the Court or a party may raise it anytime. And the question whether …

Brief Amici Curiae Of Professor Eugene Volokh, National Council Of The Churches Of Christ In The Usa, Baptist Joint Committee For Religious Liberty, Queens Federation Of Churches, National Association Of Evangelicals, And Christian Legal Society In Support Of Petitioner, Richard W. Garnett, K. Hollyn Hollman, Melissa Rogers, Kimberlee Wood Colby, Thomas C. Berg, Carl H. Esbeck

Court Briefs

No. 10-553
Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission

On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit

From the Summary of Argument

This case is about the separation of church and state, an arrangement that is sometimes misunderstood and whose scope is debated, but which is nevertheless a critical dimension of the religious freedom reflected in, and protected by, the First Amendment to our Constitution. For nearly a thousand years, the tradition of Western constitutionalism and the project of protecting political freedom by marking boundaries to the power of …

Brief Amicus Curiae Of The American Center For School Choice In Support Of Petitioners, Richard W. Garnett, John E. Coons

Court Briefs

Nos. 09-987, 09-991
Arizona Christian School Tuition Organization v. Kathleen M. Winn, Gale Garriott v. Kathleen M. Winn

On Writs of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Introduction and Summary of the Argument

We agree entirely with Petitioners that the panel below misapplied this Court’s relevant doctrines and decisions – including Zelman – and that the ruling under review is neither required by, nor consistent with, the First Amendment to our Constitution. Arizona’s tax-credit program does not impermissibly “establish” or “endorse” religion. Instead, it is an entirely permissible (and promising) policy experiment …

Brief Amici Curiae Of Christian Medical And Dental Associations, Beta Upsilon Chi, And Officers Of Various Christian Legal Society Student Chapters In Support Of Petitioner, Kelly J. Shackelford, Hiram S. Sasser Iii, Jeffrey C. Mateer, Roger L. Byron, Erin Leu, Thomas C. Berg, Richard W. Garnett

Court Briefs

No. 08-1371
Christian Legal Society Chapter of University of California, Hastings College of the Law v. Leo P. Martinez

On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit

From the Introduction and Summary of Argument

This case poses the question whether a student group organized around religious beliefs will be able to ensure these beliefs are shared by its leaders and voting members, and still be able to participate in a program at a public educational institution designed to encourage speech from a wide range of student groups.

The University of California-Hastings Law School …

Brief Of Constitutional Law Professors As Amici Curiae In Support Of Petitioners, Ryan A. Shores, Richard W. Garnett

Court Briefs

No. 09-592
Eleanor McCullen v. Martha Coakley

On Petition for a Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

The Court should grant certiorari to reverse the First Circuit's decision upholding against First Amendment challenge a prohibition on public-forum speech that applies only at freestanding clinics where abortions are performed, exempts clinic agents and employees, and criminalizes peaceful, non-obstructive speech, including conversation with willing listeners, stationary handbilling, and speech from a conversational distance. By granting certiorari, the Court can begin to reconstruct a consensus on free speech principles that …

Brief Of Amici Curiae Law Professors In Support Of Petitioner Goss International Corp., Salil Kumar Mehra, Jay Tidmarsh

Court Briefs

No. 07-618
Goss International Corp. v. Tokyo Kikai Seisakusho, Ltd.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit

From the Introduction and Summary of Argument

This case presents issues of jurisdiction, equity, and international comity that require this Court’s resolution. As we understand the facts, in 2003 the petitioner, Goss International, obtained a judgment under the Antidumping Act of 1916, 15 U.S.C. § 72 (2000) (repealed 2004), against the respondents, which are a Japanese corporation and its wholly-owned American subsidiary. The consonance between the Antidumping Act and the obligations of the …

Brief Amici Curiae Of Christian Legal Society, National Association Of Evangelicals, Pro-Life Legal Defense Fund, Alliance Defense Fund And Concerned Women For America In Support Of Petitioner, Gregory S. Baylor, Steven H. Aden, Richard W. Garnett, Michael Stokes Paulsen

Court Briefs

No. 05-1382
Alberto R. Gonzales v. Planned Parenthood Federation of America, Inc.

On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

For as long as the American public has known about partial-birth abortion, we have—by comfortable and consistent margins—agreed with former Senator Daniel Patrick Moynihan that this gruesome practice is “infanticide, and one would be too many.” Meet the Press (NBC television broadcast, Mar. 2, 1997). Whether we oppose elective abortions as a matter of moral principle or regard a woman’s legal access to abortion as a component of …

Brief Amicus Curiae Of Professors David L. Callies, James T. Ely, Paula A. Franzese, Nicole Stelle Garnett, James E. Krier, Daniel R. Mandelker, John Copeland Nagle, John Nolon, J.B. Ruhl, Shelley Ross Saxer, A. Dan Tarlock, Laura Underkuffler, And Edward F. Ziegler In Support Of Petitioners, David L. Callies, Nicole Stelle Garnett, John Copeland Nagle

Court Briefs

No. 04-108
Susette Kelo v. City of New London

On Writ Of Certiorari To The Supreme Court of Connecticut

From the Summary of Argument

The Connecticut Supreme Court's decision was in keeping with Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984), which provides that legislative assertions of public use should be subjected to rational basis review. The application of such broadly deferential review in public use cases is inappropriate. Application of rational basis review to the exercise of eminent domain in cases such as this effectively eviscerates the Fifth Amendment's public use limitation. Moreover, lower courts' responses to …

Brief Of Amici Curiae The Becket Fund For Religious Liberty, The Catholic League For Religious And Civil Rights, And Historians And Legal Scholars In Support Of Respondent, Richard W. Garnett, Kevin J. Hasson, Roman P. Storzer, Anthony R. Picarello Jr., Gerard V. Bradley

Court Briefs

No. 02-1315
Gary Locke v. Joshua Davey

On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of the Argument

The Washington State law at issue in this case disqualifies a student from an otherwise available government benefit, only because the student would use the benefit for a religious purpose. That is the core constitutional offense identified by the court below, and this Court may affirm on that basis alone.

Brief Of The Becket Fund For Religious Liberty As Amicus Curiae In Support Of Petitioners, Richard W. Garnett, Kevin J. Hasson, Eric W. Treene, Roman P. Storzer, Anthony R. Picarello Jr.

Court Briefs

Nos. 00-1751, 00-1777, 00-1779
Susan Tave Zelman v. Doris Simmons-Harris

On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit

From the Summary of the Argument

Petitioners and other amici undoubtedly will address fully how the program at issue in this case should be upheld on the grounds that it involves the same principle that led to this Court upholding the aid in Mueller v. Allen, 463 U.S. 388 (1983), Witters v. Washington Dept. of Services for the Blind, 474 U.S. 481 (1986), and Zobrest v. Catalina Foothills Sch. Dist., 509 U.S. …

Brief Amici Curiae Of Christian Legal Society And Union Of Orthodox Jewish Congregations Of America In Support Of Petitioners, Richard W. Garnett, Nathan J. Diament, Carl H. Esbeck

Court Briefs

No. 99-2036
The Good News Club v. Milford Central School

On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit

From the Summary of the Argument

The parties agree that Milford's Community Use Policy creates a limited public forum. See, e.g., Pet. A13 ("We think it clear that the Community Use Policy has created a limited public forum in the Milford school facilities."). And the parties agree that any content restrictions in such fora must be "viewpoint neutral" and constitutionally "reasonable." Pet. A14 & n.8 ("If the Club's use is not a 'religious use' but …

Petition For Writ Of Certiorari, Richard W. Garnett, Michael Stokes Paulsen, David C. Gibbs Jr., David C. Gibbs Iii, Charlotte A. Cover, Barbara J. Weller

Court Briefs

No. 00-131
K.D.M. v. Reedsport School District

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Reasons for Granting the Writ

The Ninth Circuit conceded that the regulation at issue below " 'discriminates' against students in religious schools, i.e., treats them differently by denying them state services on the school grounds." KDM, 196 F.2d 1046, 1051 (9th Cir. 1999) (App. B at 11 a). This, then, is a case about admitted discrimination - discrimination against "religious ideas, religious people, [and] religious schools." Board of Educ. of Kiryas Joel v. …

Brief Amici Curiae Of Christian Legal Society And The National Association Of Evangelicals In Support Of Respondent, Kimberlee Wood Colby, Gregory S. Baylor, Carl H. Esbeck, Richard W. Garnett, Michael Stokes Paulsen

Court Briefs

No. 99-138
Jenifer and Gary Troxel v. Tommie Granville

From the Summary of the Argument

Our argument that the decision below should be affirmed rests on a few basic points, none of which necessarily prejudices the case for a grandparent-visitation statute that is narrowly tailored to serve a compelling state interest. First, the statutes at issue are not grandparent-visitation statutes. Even if they were, the Petitioners and their amici have not pointed to any other visitation statutes that share the objectionable and unconstitutional features of Washington's particular statutes.

Brief Of The National Association Of Criminal Defense Lawyers As Amicus Curiae In Support Of Petitioner, Lisa Kemler, Richard W. Garnett

Court Briefs

No. 99-116
Jeffrey Allan Fischer v. United States of America

On Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit

From the Summary of the Argument

We agree with the Petitioner that the Court of Appeals misread Section 666(b). Section 666 was designed to protect the integrity of federal funds by outlawing bribery in connection with the administration of those funds, and the plain meaning of the language the statute employs is adequate to achieve that purpose. The Court of Appeals, on the other hand, exploded the well defined limits that the statute's text imposes …

Brief Amicus Curiae Of The Society Of Catholic Social Scientists In Support Of Respondent, Stephen M. Krason, Richard W. Garnett

Court Briefs

No. 99-138
Jenifer Troxel v. Tommie Granville

On Writ Of Certiorari To The Supreme Court Of Washington

From the Summary of the Argument

The fundamental rights of parents to direct and control the upbringing of their children and the autonomy of the family have been recognized time and again by this Court. These rights and this autonomy are not creatures of positive law, but are grounded in the natural moral order. The family is the "building block" of civil society and has as its natural end, or telos, the nurturing and development of flourishing human persons and good citizens. …