Legal Briefs
The Buckeye Institute Joins Brief Calling on SCOTUS to End the Abuse of Govt Regulatory Power
The Buckeye Institute joined an amicus brief in KC Transport v. Su, calling on the U.S. Supreme Court to hear the case and rein in the “grandiose view” the U.S. Department of Labor and the Mine Safety and Health Administration (MSHA) have of their own power. “Once again, government officials are abusing their regulatory powers. This time, it is the U.S. Department of Labor.”
The Buckeye Institute Calls on SCOTUS to Overturn Illinois’ Unconstitutional Gun Law
The Buckeye Institute filed an amicus brief in Herrera v. Raoul, urging the U.S. Supreme Court to hear the case and re-affirm its ruling in New York State Rifle and Pistol Association v. Bruen and overturn Illinois’ ban on the sale, purchase, and possession of certain rifles and standard capacity magazines. “In the wake of Bruen, lawmakers, litigants, and judges are debating how the ruling should apply. But as courts consider the cases brought before them, they are still bound by precedent.”
The Buckeye Institute Joins SCOTUS Brief to Protect Small Businesses
The Buckeye Institute joined the National Federation of Independent Business on its amicus brief in Metal Conversion Technologies v. U.S. Department of Transportation, calling on the U.S. Supreme Court to hear the case and confirm that government agencies must follow the principle of “equitable tolling,” which is a well-established principle in the country’s courts, except in “administrative law” where the longstanding doctrine is often ignored.
The Buckeye Institute Files Class Action Lawsuit Against City of Cleveland
The Buckeye Institute filed a class action lawsuit on behalf of Kate Wos of Strongsville, David Steffes of North Royalton, and all nonresidents of Cleveland who filed a municipal income tax return with the city and received their refund more than 90 days after filing their return. Wos v. Cleveland calls on the court to order the city of Cleveland to follow its own city ordinances and pay Ms. Wos, Mr. Steffes, and anyone else affected the interest Cleveland owes them because the city failed to issue their tax refund within 90 days.
The Buckeye Institute to SCOTUS: Congress Cannot Give Legislative Power to Agencies
The Buckeye Institute filed its second amicus brief in Allstates Refractory Contractors v. Su (previously Allstates Refractory Contractors v. Walsh), calling on the U.S. Supreme Court to hear the case and protect worker and workplace safety by requiring Congress to give clear direction to the Occupational Safety and Health Administration (OSHA) on how to regulate safety in the workplace. The Manhattan Institute joined The Buckeye Institute in filing the brief.
The Buckeye Institute: Courts Shouldn’t Simply Defer to NLRB’s Interpretation of Facts
The Buckeye Institute filed an amicus brief in Starbucks v. McKinney, calling on the U.S. Supreme Court to abide by centuries of jurisprudence and consider the harm to both the employer and employee when deciding whether to grant a preliminary injunction. “When the National Labor Relations Board sues a private company, the government should not get special treatment on its request for a preliminary injunction.”
The Buckeye Institute Calls on Montana Supreme Court to Leave Policy Making to Lawmakers
The Buckeye Institute joined with Frontier Institute in filing an amicus brief in Held v. Montana, calling on the Montana Supreme Court to leave environmental policy-making to the legislative branch—the branch of government designed to balance competing public interests. “The real question raised by this case is what role the courts should play in developing public policies to address global climate change. The answer is none.”
The Buckeye Institute to SCOTUS: Government Must Compensate Property Owners for Regulatory Takings
The Buckeye Institute filed an amicus brief asking the U.S. Supreme Court to hear El Papel v. Seattle and tell the city of Seattle that it must compensate landlords for taking their property when the city ordered a temporary eviction ban, even for non-paying renters. In its brief, The Buckeye Institute argues that the right to exclude—to say who can and cannot live on your property—is a fundamental element of property rights protected by the Fifth Amendment.
The Buckeye Institute: City’s Third Appeal is Not the Charm in Columbus Gun Case
The Buckeye Institute filed its response to Columbus’s third attempt to reverse the preliminary injunction in Doe v. Columbus, which, according to Ohio law, is not appealable in this case. The injunction stops the city from enforcing its unconstitutional gun law while the case is being decided. “After being denied its requests to lift the preliminary injunction in Doe v. Columbus, Columbus is now pinning its hopes on the Ohio Supreme Court.”
The Buckeye Institute Urges SCOTUS to End Censorship by Proxy
The Buckeye Institute filed its third amicus brief in Murthy v. Missouri (previously Missouri v. Biden), calling on the U.S. Supreme Court to uphold the preliminary injunction and stop the federal government from “jawboning” social media companies to censor viewpoints the government does not agree with. “The First Amendment stands as a bulwark against the government’s position that it can squelch public discourse, whether through direct influence or less obvious methods such as ‘jawboning.’”