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Legal Briefs

Minnesota County Robs Widow of $25,000 in Home Equity Buckeye Institute Argues in Brief to U.S. Supreme Court

September 23, 2022

The Buckeye Institute filed an amicus brief in the U.S. Supreme Court in Tyler v. Hennepin County, asking the court to hear the case and protect the rights of people who have their property seized by the government from home equity theft. Buckeye was joined on the brief by the Competitive Enterprise Institute. “By pocketing $25,000 in profits from the sale of Ms. Tyler’s home, Hennepin County has robbed Ms. Tyler of her home’s equity, plain and simple.”

The Buckeye Institute Calls on Court to Protect Americans from DOJ’s Intimidating Attempts to Silence Speech

September 21, 2022

The Buckeye Institute joined an amicus brief urging the U.S. District Court for the Middle District of Alabama Northern Division to quash a Department of Justice subpoena served on the Eagle Forum of Alabama, which the Biden Administration issued in an effort to weaponize the civil litigation process “against organizations with whom the United States Government disagrees.” Buckeye urges the court to “not only quash the subpoena but make clear that using the civil litigation process to chill and intimidate those who may disagree on important political issues is categorically unacceptable.”

The Buckeye Institute: Fifth Amendment Means What It Says

August 19, 2022

The Buckeye Institute filed an amicus brief with the U.S. Supreme Court in Ariyan, Inc. v.  Sewerage and Water Board of New Orleans, urging the high court to protect private-property rights as guaranteed by the U.S. Constitution. “The Framers of the U.S. Constitution were clear when they drafted the Fifth Amendment, private property shall not be taken ‘without just compensation.’ And ‘just compensation’ means payment when the taking occurs, not when the New Orleans Sewerage and Water Board feels like paying.”

Premier Business and CPA Groups File Briefs Supporting The Buckeye Institute’s Municipal Income Tax Case

August 16, 2022

The Ohio Chamber of Commerce, National Federation of Independent Business, Ohio Society of Certified Public Accountants, and several other groups filed amicus briefs supporting The Buckeye Institute’s municipal income tax case calling on the Ohio Supreme Court to affirm that local taxation of nonresidents’ compensation “must be based on the location of the taxpayer when the services were performed” as the Ohio Supreme Court previously ruled in Hillenmeyer v. Cleveland.

Three for Three: U.S. Supreme Court Agrees with The Buckeye Institute’s Arguments in a Third Case This Term

June 30, 2022

The U.S. Supreme Court ruled in West Virginia v. Environmental Protection Agency (EPA) that the Obama Administration overstepped its authority when it imposed vast new regulations under the Clean Power Plan. “The U.S. Supreme Court agreed with The Buckeye Institute’s arguments and has appropriately and sensibly reined in the vast powers of unelected government officials at the U.S. EPA.”

The Buckeye Institute Calls on Ohio Supreme Court to Recognize Limits on Eminent Domain

June 24, 2022

The Buckeye Institute filed an amicus brief with the Ohio Supreme Court in Ohio Power Company v. Burns asking the court to uphold two long-recognized checks on the government’s power to take property by eminent domain—that the government may only take property that is necessary, and that courts can exercise the power of judicial review to ensure governments honor that limitation. The Buckeye Institute has called on Ohio’s high court to tell Ohio Power Company and AEP that the permanent easements they are demanding are unnecessary.

U.S. Supreme Court Adopts Position Argued By The Buckeye Institute

June 21, 2022

The U.S. Supreme Court ruled in Carson v. Makin that the state of Maine cannot deny students and their families financial aid that is available to all other students just because a family chooses to use their aid to send their children to a religious or “sectarian” school. “As The Buckeye Institute argued in its amicus brief, Maine’s discrimination against religious schools and parents violated the First Amendment, and today’s decision is another significant victory for the rights of families and students.”

The Buckeye Institute Files Brief with U.S. Supreme Court Fighting California Rules Being Imposed on Ohio Farmers

June 17, 2022

The Buckeye Institute filed an amicus brief with the U.S. Supreme Court in National Pork Producers Council v. Ross, urging the court to declare that California’s Proposition 12—which purports to regulate the pork industry within the Golden State, but in reality imposes its regulations nationwide—violates the U.S. Constitution’s Commerce Clause. “Not only does California’s Prop 12 violate the U.S. Constitution, but it also undermines the unique American principle of federalism.”

The Buckeye Institute Urges U.S. Supreme Court to Protect Private Property from Union Vandalism

June 16, 2022

The Buckeye Institute filed an amicus brief with the U.S. Supreme Court in Glacier Northwest v. International Brotherhood of Teamsters, calling on the court to protect employers’ property rights from union vandalism and sabotage. “By denying Glacier Northwest the right to sue for the willful and intentional damage of property, the Washington Supreme Court essentially held that the National Labor Relations Act allows unions to destroy private property and leaves employers with no real legal recourse.”

Ohio Supreme Court Takes Buckeye’s Municipal Income Tax Case

Robert Alt June 07, 2022

The Ohio Supreme Court announced that it will hear Schaad v. Alder, one of The Buckeye Institute’s five municipal income tax cases challenging Ohio’s emergency-based system. “The Ohio Supreme Court finally has the opportunity to correct this Orwellian system in which the state forced people to work from home under threat of criminal penalties, but then also absurdly deemed that same work to have been performed where it wasn’t—often in higher-taxed office locations.”