Legal Briefs

Buckeye files brief in Supreme Court to keep donors off government lists

by Robert Alt January 10, 2017

The federal government is attempting to compel The Independence Institute in Colorado to produce its donor list. The government claims that because The Independence Institute ran an ad that referenced candidates within 60 days of the election, The Bipartisan Campaign Reform Act (BCRA) requires The Independence Institute to disclose its donors. The ad did not endorse or oppose either candidate.

Buckeye files brief opposing Obama Administration’s attempt to circumvent the Senate

by Robert Alt September 27, 2016

Under the U.S. Constitution, presidential appointments can be confirmed only with the advice and consent of the Senate. Realizing that government does not stop with a vacancy, Congress enacted the Federal Vacancies Reform Act (FVRA), which allows the president, with restrictions, to temporarily fill vacancies.

Buckeye challenges arbitrary rule that keeps pilots from using internet

by Robert Alt July 29, 2016

For years, professional pilots have shared rides with other pilots to offset costs under the Federal Aviation Administration's (FAA) Expense-Sharing Rule. Pilots posted their flight plans on bulletin boards at airports to find those with similar travel plans. To facilitate more expense sharing and to step into the 21st century, a website was established to serve the same function as the bulletin boards.

Buckeye fights for election integrity by opposing challenges to Ohio’s early voting laws

by Robert Alt July 08, 2016

The Ohio legislature passed a law permitting boards of elections to reject provisional and absentee ballots if they are improperly filled out or if the information provided does not match voter registration records. The law was enacted to help ensure integrity in Ohio elections.

Buckeye files brief supporting Ohio’s right to protect its elections and curb voter fraud

by Robert Alt July 01, 2016

In 2014, Ohio passed a law eliminating what has been called “golden week.” Golden week was the time period when voter registration overlapped with early voting; meaning, people could register and vote at the same time. Under the new law, Ohio would have 28 early voting days rather than 35.

Buckeye petitions SCOTUS to support donor privacy and first amendment rights

by Robert Alt May 02, 2016

Delaware passed a law requiring any non-profit organization publishing the name of a candidate to disclose any donation of more than $100 from the past four years. The Internal Revenue Code (IRC) prohibits 501(c)(3) organizations from supporting any candidate or campaigning in any manner.

Buckeye sues EPA for regulations aimed at decimating traditional power sources

by Joe Nichols and Robert Alt February 19, 2016

The Clean Power Plan is the Environmental Protection Agency’s (EPA) unprecedented attempt at regulating carbon emissions and aims to reduce power plant emissions by 32 percent by 2030. Those regulations would shut down hundreds of coal-fired power plants and severely limit the use of other power plants – leaving many states without sufficient power resources. 

Buckeye asks SCOTUS to protect teachers’ rights to free speech from union coercion

by Robert Alt September 01, 2015

California, among other states, forces public sector employees who opt out of the union to pay an agency fee, which is supposed to support the union for collective bargaining services, including lobbying on behalf of the union. The Supreme Court previously held that public sector employees could be reimbursed for union contributions to political campaigns.

Buckeye asks SCOTUS to uphold the first amendment by protecting donor privacy

by Daniel J. Dew and Robert Alt August 31, 2015

California requires non-profit organizations to register with its Department of Justice in order to solicit tax-deductible donations. The registration form requires organizations to disclose its donors to the state. The Internal Revenue Code (IRC) provides that donor lists are exempt from disclosure rules to the public and to state officials.

Buckeye petitions Ohio Supreme Court to strike down the state’s unconstitutional attempt to tax outside businesses

by Robert Alt August 31, 2015

In 2005, Ohio instituted a commercial activity tax (CAT). Companies without a physical presence in the state could be required to pay the CAT if the company had at least $500,000 in gross receipts from sales in Ohio. Mason Companies is an internet-based retailer that has no physical presence in Ohio but was assessed a CAT based on purchases by Ohio residents.