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Legal Briefs

The Buckeye Institute Files Appeal in Cincinnati Income Tax Case

September 13, 2021

The Buckeye Institute filed its appeal with Ohio’s First District Court of Appeals in Schaad v. Alder—a case challenging the constitutionality of Cincinnati taxing the income of nonresidents who did not work within the city of Cincinnati due to the pandemic. “The Buckeye Institute is confident that the Court of Appeals will follow recent Ohio Supreme Court precedent and recognize that when it comes to taxing nonresidents like Mr. Schaad, cities can only tax work that was actually performed within their borders.”

The Buckeye Institute Calls on U.S. Supreme Court to Protect the Constitutional Rights of Parents

September 10, 2021

The Buckeye Institute filed an amicus brief with the Supreme Court of the United States in Carson v. Makin calling on the court to make clear—as it has in many other cases—that it is a violation of the U.S. Constitution to deny students and their families financial aid that is available to all other students just because that family chooses to use their aid to send their child/ren to a religious or “sectarian” school. “Such restrictions violate the U.S. Constitution and cannot be allowed to stand.”

The Buckeye Institute and National Right to Work File Suit Demanding Union Return Wages Taken from Cuyahoga Co. Probation Officer

August 26, 2021

The Buckeye Institute, in partnership with National Right to Work Foundation, filed a lawsuit with the U.S. District Court for the Northern District of Ohio on behalf of Kimberlee Warren, a Cuyahoga County Court probation officer who is asking the court to help her recover dues that the FOP—a union Ms. Warren never joined—illegally took from her paycheck. “There is no question that Ms. Warren never joined the union. But that didn’t stop the union from taking dues out of her paycheck—an act that violates Ms. Warren’s First Amendment rights.”

The Buckeye Institute Calls on U.S. Supreme Court to Protect Citizens from the Overcriminalization of Innocent Acts

August 18, 2021

The Buckeye Institute filed an amicus brief with the Supreme Court of the United States calling on the court to hear Huckabay v. Idaho and recognize that the legal principle of scienter—that a defendant knows that an act or conduct is illegal and acts despite this knowledge—must be considered when protecting the Due Process rights of defendants. “This race to criminalize ordinary behavior and ensnare citizens who had no reason to believe they were committing a crime does not provide justice nor does it make our communities safer.”

The Buckeye Institute: New York’s Anti-Self-Defense Law Violates Second Amendment

July 19, 2021

The Buckeye Institute filed an important amicus brief with the U.S. Supreme Court in New York State Rifle and Pistol Association v. Bruen, which calls upon the court to recognize that the Second Amendment protects ordinary citizens’ fundamental right to carry handguns outside of their homes. The Buckeye Institute simply could not stand by as New York set up a system relegating the fundamental right to self-defense to second-class status and reserving enjoyment of that right almost exclusively for the well-connected and/or celebrities.

The Buckeye Institute: Forcing Lawyers to Support Political Speech Through Mandatory Bar Dues Violates First Amendment

June 29, 2021

The Buckeye Institute filed an amicus brief with the Supreme Court of the United States in Crowe v. Oregon State Bar, which calls on the court to recognize the First Amendment rights of freedom of speech and freedom of association by ending laws that force lawyers to join state-sponsored bar associations that engage in lobbying on inherently political and ideological issues in order to practice their profession.

The Buckeye Institute: Government Lacks Authority to Rewrite Private Rental Agreements

June 21, 2021

The Buckeye Institute filed its amicus brief in Tiger Lily v. United States Department of Housing and Urban Development with the U.S. Court of Appeals for the Sixth Circuit, calling on the court to end the nationwide eviction moratorium. “The Buckeye Institute is asking the court of appeals to affirm the district court’s decision that Congress did not give Centers for Disease Control and Prevention the authority to rewrite millions of private rental agreements across the country.”

The Buckeye Institute: Unconstitutional Eviction Ban Harms Renters and Landlords

June 03, 2021

The Buckeye Institute filed its amicus brief in Terkel v. Centers for Disease Control and Prevention (CDC) with the U.S. Court of Appeals for the Fifth Circuit, calling on the court to end the unconstitutional eviction moratorium that makes it increasingly difficult for low-income Americans to obtain affordable housing and inflicts financial hardships on small landlords.

The Buckeye Institute Appeals Columbus Municipal Income Tax Case

May 27, 2021

The Buckeye Institute filed its appeal with Ohio’s Tenth District Court of Appeals in Buckeye v. Kilgore—the case challenging the constitutionality of localities taxing the income of nonresidents who did not work within the city of Columbus due to the pandemic. “The Buckeye Institute asked the Ohio Court of Appeals to reaffirm what the Ohio Supreme Court has already recognized time and again: that the Due Process Clause requires local taxation of nonresidents to be based upon where any work was actually performed.”

The Buckeye Institute Asks Court for Permanent Injunction Against Biden Administration’s Tax Mandate

May 24, 2021

The Buckeye Institute filed a second amicus brief in Ohio v. Yellen calling upon the United States District Court for the Southern District of Ohio to grant a permanent injunction to stop enforcement of the federal tax mandate, which was included in the American Rescue Plan Act. This second Buckeye brief argues that recent guidance from the U.S. Treasury Department fails to cure the deficiencies of the ambiguous and unconstitutional tax mandate.