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Legal Briefs

The Buckeye Institute Demands Union Investigate Actions of Local Union Official

May 15, 2025

The Buckeye Institute sent a demand letter to the state leadership of the Ohio Civil Service Employees Association insisting that it investigate Tim Federkiel, president of AFSCME/OCSEA Chapter 2200, for violating the Janus rights of The Buckeye Institute’s client Ryan Smith, a United States Marine Corps combat veteran. Given Mr. Federkiel’s actions, Buckeye demanded that OCSEA rescind any agreement between Mr. Smith, the union, and any of its affiliates, including any membership application or dues deduction authorization.

In SCOTUS Brief, The Buckeye Institute Argues Lower Courts Cannot Ignore Precedent

May 05, 2025

The Buckeye Institute filed an amicus brief in Wolford v. Lopez, calling on the U.S. Supreme Court to hear the case and tell lower courts they are bound by the U.S. Supreme Court’s rulings on the Second Amendment. In its brief, The Buckeye Institute urged the U.S. Supreme Court to grant the petition and reverse the U.S. Ninth Circuit Court of Appeals, sending a clear message to lower courts that they must respect and follow U.S. Supreme Court precedent.

In SCOTUS Brief, The Buckeye Institute Argues Even Lawyers Have First Amendment Rights

April 24, 2025

The Buckeye Institute, joined by the Pelican Institute, filed an amicus brief in Crowe v. Oregon State Bar, calling on the U.S. Supreme Court to protect the First Amendment rights of lawyers and end laws that force attorneys to join state-sponsored bar associations that lobby on inherently political and ideological issues. “When bar associations engage in advocacy and speak on matters of public concern, they are engaging in inherently political speech.”

The Buckeye Institute Sues OAPSE…Again!

April 22, 2025

The Buckeye Institute filed its fourth lawsuit against the Ohio Association of Public School Employees (OAPSE) for its refusal to stop taking money out of the paychecks of public employees who are not members of the government unions. The Buckeye Institute filed Vanderveer v. OAPSE in the Fulton County Court of Common Pleas on behalf of Katrina Vanderveer. “In yet another case, the Ohio Association of Public School Employees has refused to stop taking ‘dues’ out of our client’s paycheck.” 

The Buckeye Institute Appeals Important 1st Amendment Case

April 07, 2025

The Buckeye Institute filed its appeal in Flannery v. Eckenwiler with the U.S. Court of Appeals for the D.C. Circuit on behalf of Eric Flannery, the owner of The Big Board, a neighborhood bar and grill located in our nation’s capital. Flannery v. Eckenwiler charges that members of the 6C Advisory Neighborhood Commission (ANC) conspired to protest the renewal of The Big Board’s liquor license to punish Mr. Flannery because he spoke out against D.C.’s pandemic-era shutdown orders.
 

In SCOTUS Brief, The Buckeye Institute Argues Liberty Requires Accountability

March 27, 2025

The Buckeye Institute filed its second amicus brief in Kennedy v. Braidwood Management (previously Braidwood Management v. Becerra) with the U.S. Supreme Court, arguing that the Affordable Care Act violated the U.S. Constitution when it elevated the Preventative Services Task Force from its purely advisory role to make it a rule-making body without also reforming how members of the task force were appointed and confirmed. 

The Buckeye Institute Files Brief in Important Property Rights Case

March 26, 2025

The Buckeye Institute filed an amicus brief in Lozman v. Riviera Beach, Florida, calling on the U.S. Supreme Court to hear the case and tell the government it cannot deny an owner any economically viable use of their land without compensation. “The Supreme Court has explained that the government cannot expropriate an ‘essential use’ of someone’s property without compensation.”

The Buckeye Institute Takes OAPSE & AFSCME to Court

March 26, 2025

The Buckeye Institute filed a lawsuit against the Ohio Association of Public School Employees (OAPSE) and the American Federation of State, County and Municipal Employees (AFSCME) for their refusal to stop taking money out of the paychecks of public employees who are not members of the government unions. The Buckeye Institute filed Chandler v. OAPSE in Stark County Court of Common Pleas on behalf of Kevin Chandler, Amy Clark, and Charles C. Perry, Jr.

The Buckeye Institute Calls on Pennsylvania Supreme Court to End Chevron & Auer Deference

March 07, 2025

The Buckeye Institute filed an amicus brief with the Pennsylvania Supreme Court in Lutheran Home at Kane v. Pennsylvania Department of Human Services, calling on the court to “abandon deference to administrative agencies and reassert judicial authority in interpreting laws and regulations.” “The U.S. Supreme Court and 18 states—including Ohio—have revised their deference doctrines. This case presents the Pennsylvania Supreme Court an opportunity to abandon its deference to administrative agencies and reassert judicial authority in interpreting laws and regulations.”

The Buckeye Institute Calls on SCOTUS to Overturn New York’s Discriminatory Gun Law

February 26, 2025

The Buckeye Institute filed an amicus brief in Antonyuk v. James on behalf of Project 21, a national network of black political, civic, and business leaders. In its brief, The Buckeye Institute calls on the U.S. Supreme Court to hear the case and argues that New York’s Conceal Carry Improvement Act violates the constitutional right of the citizens of New York, particularly black New Yorkers, to keep and bear arms.