Legal Briefs

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.”

The Buckeye Institute Files Amicus Brief to Protect Gulf Fishermen from Government Tracking

May 10, 2022

The Buckeye Institute filed an amicus brief in Mexican Gulf Fishing Company v. U.S. Department of Commerce asking the Fifth Circuit Court of Appeals to strike down a rule that requires recreational charter fishermen in the Gulf of Mexico to submit to constant government GPS monitoring, regardless of whether they were engaged in fishing or not—a clear violation of the Fourth Amendment. “This Orwellian tracking of charter fisherman is right out of Nineteen Eighty-Four…”

The Buckeye Institute Urges Ohio Supreme Court to Enforce Separation of Powers Doctrine

April 19, 2022

The Buckeye Institute filed an amicus brief in Twism Enterprises v. State Board of Registration for Professional Engineers and Surveyors asking the Ohio Supreme Court to end the practice of judicial deference to government agencies’ interpretation of law. “The problem with granting this deference is that it allows administrative agencies to act as their own judge and jury in questions relating to their statutory authority, which is inconsistent with the principle of separation of powers enshrined in the U.S. and Ohio constitutions.”  

The Buckeye Institute Takes Cincinnati Tax Case to Ohio Supreme Court

March 25, 2022

The Buckeye Institute filed its appeal in Schaad v. Alder with the Ohio Supreme Court asking the court to hear the case and recognize Ohio’s emergency-based local income tax system—where the state forced people to work from home during the pandemic, but deemed their work to have been performed in higher-taxed office locations—as unconstitutional. “Mr. Schaad is asking for nothing more than for the Ohio Supreme Court to apply its prior decisions and reaffirm the commonsense and constitutionally recognized limitations on local governments’ power to tax nonresidents.”

The Buckeye Institute Files Appeal in Toledo & Oregon Income Tax Case

March 17, 2022

The Buckeye Institute filed its appeal with Ohio’s Sixth District Court of Appeals in Curcio v. Hufford—Buckeye’s case challenging the authority of the cities of Toledo and Oregon, Ohio to tax the income of nonresidents who did not work within those cities due to the pandemic. “Ohio law does not allow cities to take income taxes from workers based upon ‘let’s pretend’ you performed work in a different city than you actually did.” 

The Buckeye Institute Files Motion Demanding that D.C. Immediately Lift Suspension of The Big Board’s Liquor License

February 24, 2022

The Buckeye Institute filed a motion with the District of Columbia’s Alcoholic Beverage Control Board demanding that it immediately lift the summary suspension of The Big Board’s liquor license. “It has been clear from the outset that Mr. Flannery and his restaurant The Big Board have been targeted not simply for refusing to enforce D.C.’s Covid mandates as many others have done, but rather because he publicly announced as much.”