ACRU Amicus Brief Library

Recalling Senator Kent Conrad: Tea Party Activists in North Dakota Fight Denial of Recall Effort

August 31, 2010 — On August 30, the American Civil Rights Union (ACRU) filed an amicus brief in support of Tea Party activists arguing that North Dakota law does provide for recall of U.S. Senators. Tea Party activists had previously filed with the Secretary... Read more

ACRU Joins Effort to Protect Prayer

July 20, 2010 — A federal judge in Wisconsin held in April that the National Day of Prayer is unconstitutional as a violation of the First Amendment Establishment Clause. On July 7, ACRU joined a brief coauthored by ACRU Fellow and Senior Legal Analyst... Read more

ACRU Files Brief Urging N.J. Supreme Court to Allow Menendez Recall Petitions

May 10, 2010 — On May 10, 2010, the American Civil Rights Union filed a brief with the New Jersey Supreme Court urging the justices to affirm a state appellate court ruling ordering the Secretary of State to recognize a recall notice for U.S.... Read more

Salazar v. Buono

April 28, 2010 — The ACRU is happy to report that an important stride was taken today, April 28, 2010, in defense of the 1st Amendment, the U.S. Supreme Court ruled 5-4 in favor of protecting an historic veteran's memorial cross in the Mojave... Read more

ACRU Urges NJ Supreme Court to Deny Sen. Menedez Petition to Hear Recall Appeal

April 21, 2010 — Senator Robert Menendez (D-NJ) petitioned the New Jersey Supreme Court to hear his appeal from the ruling of a state appellate court that a citizens committee seeking a recall election to remove him from office could proceed to circulate petitions... Read more

Loar et al v Michigan Department of Human Services

April 14, 2010 — On April 12, 2010, the ACRU filed an amicus brief requesting the Michigan Supreme Court to hear the case of Loar et al v Michigan Department of Human Services. This case presents critical questions regarding institutionalized misappropriation and diversion of... Read more

Doe v. Reed

March 5, 2010 — Citizens of Washington state obtained the necessary petition signatures for a referendum on the state's domestic partnership law which extended the state's marriage law to same sex couples. Gay rights groups sought public release of the petitions, openly stating their... Read more

COMMITTEE TO RECALL ROBERT MENENDEZ v. NINA WELLS, SECRETARY OF STATE, ET AL.

February 8, 2010 — February 9, the American Civil Rights Union filed an amicus brief in support of a grassroots citizens effort to petition for recall of Sen. Robert Menendez (D-NJ). The Sussex County Tea Party and NJ Tea Parties United, which filed the... Read more

McDonald v. City of Chicago

December 3, 2009 — The case McDonald v. City of Chicago presents to the Supreme Court the issue of whether the Second Amendment right to bear arms is applicable to state and local governments, or instead is only a right that Americans have against... Read more

United States v. O'Donnell

November 23, 2009 — Pierce O'Donnell was charged with a criminal violation of federal campaign finance laws. The District Court granted his motion to dismiss most of the Indictment on the grounds that his conduct was not prohibited by the plain language of the... Read more

Stop the Beach Renourishment, Inc v. Florida Department of Environmental Protection

August 23, 2009 — In this case, the homeowner petitioners owned oceanfront property with private beaches. State and local entities in Florida conducted a beach nourishment project on their properties which involved adding tons of sand at the waterline. As part of this project,... Read more

Free Enterprise Fund v. Public Company Accounting Oversight Board

August 3, 2009 — Congress created the Public Company Accounting Oversight Board (PCAOB) to enforce the Sarbanes Oxley law. But Congress provided for the Securities and Exchange Commission (SEC), not the President, to appoint the members of the PCAOB. The President also has no... Read more

Citizens United v. FEC

August 2, 2009 — The American Civil Rights Union filed an amicus curiae brief on July 31 with the United States Supreme Court in the case of Citizens United v. Federal Elections Commission, urging the Court to overrule Austin v. Michigan Chamber of Commerce,... Read more

NRA v. City of Chicago and Village of Oak Park

July 8, 2009 — Last year's watershed Second Amendment case of District of Columbia v. Heller was just the beginning of the fight over the meaning of the right to keep and bear arms. The most significant question now is whether the Second Amendment... Read more

Boy Scouts of America v. Barnes-Wallace

May 6, 2009 — The City of San Diego has long leased two properties to the San Diego unit of the Boy Scouts of America in return for the construction, operation and maintenance of youth recreational facilities. The Scouts have spent millions on the... Read more

Jewish War Veterans of the United States of America, Inc., Steve Trunk, et al. v. City of San Diego, et al.

March 22, 2009 — The 29 foot high Latin cross atop Mt. Soledad in the San Diego suburbs has been under attack by the ACLU for 21 years now. But the cross still stands. The ACRU has joined in defense of the cross for... Read more

Ricci v. DeStefano

March 2, 2009 — On February 26, the ACRU filed an amicus brief with the United States Supreme Court arguing that the Court should reverse the decisions below and hold that New Haven discriminated against Petitioners solely because of their race. In 2003 the... Read more

Free Enterprise Fund v. Public Company Accounting Oversight Board

February 10, 2009 — On February 9, 2009, the ACRU filed an amicus brief with the United States Supreme Court arguing that the Court should review the decisions of the courts below upholding this arrangement. In response to the scandals at Enron and elsewhere,... Read more

Citizen's United v. Federal Elections Commission

January 16, 2009 — On January 14, 2009, the American Civil Rights Union filed an amicus curiae brief with the United States Supreme Court in favor of Citizens United v. Federal Elections Commission, arguing that prohibiting broadcast of the movie "Hillary: The Movie" violated... Read more

Citizens United V. Federal Elections Commission

September 18, 2008 — On September 16, 2008, the American Civil Rights Union filed an amicus curiae brief with the United States Supreme Court urging the Court to take on appeal the case of Citizens United v. Federal Elections Commission. This case involves a... Read more

Religous Freedom Case Heard in California

May 27, 2008 — On May 27th, the California Supreme Court heard a case which could have a drastic effect on religious freedom in that state. From the San Diego Union Tribune: The issue is whether fertility physicians at North Coast Women's Care in... Read more

In Re Rachel, L.

May 26, 2008 — The ACRU joins other organizations supporting homeschooling to file this brief in a California state appellate court arguing for a constitutional right for parents to choose homeschooling for their children. The argument is based on Freedom of Religion and Freedom... Read more

Heller v. DC

March 23, 2008 — Gun control laws in the District of Columbia effectively ban the use of handguns, or other guns, for self-defense within the home. Heller is a Federal security guard charged with helping to protect the Federal judiciary at the Federal Judicial... Read more

Indiana Voting Rights

March 22, 2008 — In 2005, the Indiana General Assembly passed legislation, signed by the Governor, to counter voter fraud by generally requiring those voting in person at the polls to identify themselves with a government issued photo ID, such as a driver's license... Read more

Rederford & Christy v. Hicks

March 21, 2008 — This case presents increasingly urgent questions of law regarding the free speech rights of politically disfavored local minorities. The facts of this case reveal discriminatory prejudice against Christian employees by the City of Oakland reflected in viewpoint discrimination regarding their... Read more

Benitez v. North Coast

March 19, 2008 — On March 29, 2007, ACRU filed a brief in the California Supreme Court on behalf of the defendant, North Coast Womens' Care Medical Group. This case tests the Freedom of Religion Clause of the California Constitution on the issue of... Read more

Barnes-Wallace v. BSA, City of San Diego and BSA Desert Pacific Council

March 18, 2008 — This case involves whether use by the Scouts of Balboa Park and Fiesta Island in San Diego under a long term lease with the city amounts to an unconstitutional establishment of religion. The District Court ruled it did. Oral arguments... Read more

Boy Scouts of America and Connecticut Rivers Council, BSA v. Wyman et al

March 17, 2008 — In this case the Boy Scouts sued because the state of Connecticut excluded them from the combined charitable campaign for state employees on the grounds that the Scouts were a discriminatory organization. ACRU and other groups petitioned the United States... Read more

Boy Scouts of America and Monmouth Council, BSA v. Dale

March 16, 2008 — Decided by the United States Supreme Court on June 28, 2000, in favor of ACRU’s position. This case involved the landmark ruling by the Supreme Court holding that the Scouts could not be forced to retain openly gay adult scout... Read more

Bush v. Palm Beach County Canvassing Board

March 15, 2008 — Bush v. Gore, concerning the all-important Florida vote for President in 2000, came up on an accelerated basis from the Florida Supreme Court. Only 14 counsel filed briefs in the case. On December 4, 2000, the US Supreme Court unanimously... Read more

Evans v. City of Berkeley

March 13, 2008 — Denial of the Sea Scouts’ right to free berthing of its vessels as accorded other non-profit groups. Decided by California State Supreme Court on March 9, 2006, against ACRU’s position. Plaintiffs and the ACRU petitioned the United States Supreme Court... Read more

McConnell v. FEC

March 12, 2008 — McConnell v. FEC concerned the McCain-Feingold Campaign Finance "Reform" Act. The ACRU filed a brief arguing that restrictions on citizen advertising before primary and general elections were a gross and facial violation of the First Amendment. On DATE, the US... Read more

Paulson v. City of San Diego

March 11, 2008 — ACRU filed a brief in support of the City of San Diego in California state appellate court on appeal from a state judge’s order prohibiting the City from transferring the Mt. Soledad Memorial and its cross to the Federal government,... Read more

Paulson v. City of San Diego

March 10, 2008 — ACRU filed a Petition for Writ of Certiorari in the U.S. Supreme Court on behalf of the private association which had bought the Mt. Soledad property in the sale invalidated by the Ninth circuit. But the Supreme Court denied the... Read more

Paulson v. City of San Diego

March 9, 2008 — ACRU filed a brief in support of the City of San Diego in the U.S. Court of Appeals for the Ninth Circuit on an appeal by Paulson from a Federal judge’s order approving the sale of the Mt. Soledad property... Read more

Rumsfeld vs. Forum for Academic and Institutional Rights

March 9, 2008 — Decided by the United States Supreme Court on March 6, 2006, in favor of ACRU’s position. In this case the Supreme Court held that the Federal government has the power to condition Federal educational aid on maintenance of equal access... Read more

United States of America v. American Library Association

March 8, 2008 — Decided by the U.S. Supreme Court on January 23, 2003, in favor of ACRU’s position. Read the Brief... Read more

Winkler v. Rumsfeld

March 7, 2008 — This case involves whether use by the Scouts of a military base for their national Jamboree involves an unconstitutional establishment of religion. The District Court held that it does. Oral arguments were heard on the case in April of 2006,... Read more

Zelman v. Simmons-Harris

March 6, 2008 — Case decided by the United States Supreme Court on June 27, 2002 in favor of ACRU’s position. This case held that school voucher programs do not amount to an unconstitutional establishment of religion. Read the Brief... Read more

ACRU Parker Cross-Petition Argument

October 15, 2007 — The American Civil Rights Union filed an amicus curiae brief in the United States Supreme Court on Friday, October 12 in the case of Parker v. District of Columbia urging the Court to grant the requested writ of certiorari on... Read more

ACRU files Amicus Curiae in Heller v. DC

October 9, 2007 — The American Civil Rights Union filed an amicus curiae brief with the U.S. Supreme Court on October 5, urging the Court to take the appeal of the D.C. Circuit Court of Appeals decision last March holding that the Second Amendment does protect an individual right of citizens to keep and bear arms. The ACRU wants the Court to take the case to affirm and thereby greatly strengthen this landmark ruling. Read more

Parker v. District of Columbia

October 7, 2007 — The American Civil Rights Union filed an amicus curiae brief in the United States Supreme Court on Friday, October 12 in the case of Parker v. District of Columbia urging the Court to grant the requested writ of certiorari on... Read more