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Legal Briefs

The Buckeye Institute Files Appeal in First Amendment Case Supporting School Guidance Counselor

January 19, 2022

The Buckeye Institute filed its appeal brief in Kolkowski v. Ashtabula Area Teachers Association with Ohio’s Eleventh District Court of Appeals, urging the court to recognize that a union—which Barbara Kolkowski is not a member of—cannot force her to accept union legal representation to arbitrate her workplace grievance. “The Fifth Amendment to the U.S. Constitution, Ohio case law, and Ohio’s collective bargaining statute are clear: employees have the right to choose their own counsel in a workplace arbitration.”

The Buckeye Institute Takes Columbus Tax Case to Ohio Supreme Court

January 18, 2022

The Buckeye Institute filed its appeal in Buckeye v. Kilgore 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, but nonetheless deemed their work to have been performed in a higher-taxed office location—as unconstitutional. “The Buckeye Institute is asking the Ohio Supreme Court to reaffirm that established and commonsense limits on municipal taxation, and the Due Process Clause, apply—even during a pandemic.” 
 

The Buckeye Institute Urges U.S. Supreme Court to End Laws that Force Attorneys to Support Political Speech

January 17, 2022

The Buckeye Institute filed an amicus brief with the Supreme Court of the United States in McDonald v. Firth, urging the court to hear the case and end laws that force lawyers to join state-sponsored bar associations that engage in lobbying on inherently political and ideological issues to practice their profession. “Forcing attorneys to pay dues—that subsidize political and ideological speech—to the State Bar of Texas violates the First Amendment rights of freedom of speech and freedom of association.” 

The Buckeye Institute Celebrates HUGE Victory in Vaccine Mandate Case

Robert Alt January 13, 2022

The Buckeye Institute celebrated a victory in its case—Phillips v. OSHA—challenging the Biden Administration’s vaccine mandate. The Supreme Court of the United States issued an emergency stay halting the enforcement of the unlawful Occupational Safety and Health Administration’s (OSHA) mandate. “While this case is far from over, today’s U.S. Supreme Court ruling gives business owners and workers some measure of certainty that they will not be forced to implement a costly vaccine mandate that violates numerous constitutional principles and laws.”

The Buckeye Institute Files Brief Urging Ohio Supreme Court to Uphold Ohio’s Right to End Unemployment Bonus Program

January 10, 2022

The Buckeye Institute filed an amicus brief with the Ohio Supreme Court in Bowling v. DeWine urging to the court to affirm that Governor Mike DeWine has the authority to withdraw Ohio from the Federal Pandemic Unemployment Compensation Program, something The Buckeye Institute recommended as part of its Policy Solutions for the Pandemic series. “The employment data show what everyone knows instinctively—government incentives matter. Governor DeWine was well within his authority under Ohio law to opt-out of the extended pandemic benefits which were slowing Ohio’s economic recovery.”
 

The Buckeye Institute Files Brief Requesting U.S. Supreme Court to Immediately Stay OSHA Vaccine Mandate

January 03, 2022

The Buckeye Institute filed its reply brief in the Supreme Court of the United States outlining why an emergency stay is urgently needed in Buckeye’s OSHA vaccine mandate case—Phillips v. OSHA. “If the court does not act immediately to halt the vaccine mandate’s implementation, these companies will be compelled to comply with this unlawful requirement and forced to implement expensive policies and practices that will threaten their businesses, expose them to penalties for noncompliance, and cost them qualified, well-trained, good employees at a time when they are already suffering a labor shortage.”

In Amicus Brief, The Buckeye Institute Supports Property Owners Whose Land Was ‘Taken’ by Federal Government

December 27, 2021

The Buckeye Institute filed an amicus brief with the U.S. Court of Appeals for the Federal Circuit in Ideker Farms v. The United States, supporting farmers along the Missouri River whose property has been lost due to federal government-caused flooding. “The federal government encouraged the plaintiffs to farm this land and now government-caused flooding is making farming impossible. This clearly meets the definition of a taking under the Fifth Amendment, and—as the lower court ruled—the landowners are due financial compensation for their loss.”

The Buckeye Institute Urges U.S. Supreme Court to Protect First Amendment Rights of Lawyers

December 23, 2021

The Buckeye Institute filed an amicus brief with the Supreme Court of the United States in Schell v. Darby, 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 to practice their profession. “Everyone in the United States has the constitutional right of freedom of speech and freedom of association—even lawyers.”

The Buckeye Institute Files Amicus Brief with U.S. Supreme Court Challenging Sweeping EPA Authority

December 21, 2021

The Buckeye Institute filed an amicus brief in the United States Supreme Court in West Virginia v. Environmental Protection Agency (EPA) urging the court to rein in the administrative power of the EPA and arguing that rules regulating private businesses violate the court’s major questions doctrine. “With more than 350,000 Ohioans directly or indirectly employed in either the mining or oil and gas industries, the proposed EPA rules clearly meet the ‘vast economic and political significance’ threshold in the high court’s major questions doctrine.”

The Buckeye Institute Leads the Charge in Asking U.S. Supreme Court for Emergency Stay in OSHA Vaccine Mandate Case

December 17, 2021

The Buckeye Institute filed a motion with the U.S. Supreme Court requesting an emergency stay of the Biden administration’s vaccine mandate in Phillips v. OSHA. Underscoring the true urgency of the case, The Buckeye Institute filed its motion in the U.S. Supreme Court less than one hour after the U.S. Court of Appeals for the Sixth Circuit’s decision came down granting the government’s request to dissolve the existing administrative stay that was previously issued by the U.S. Court of Appeals for the Fifth Circuit.