ACRU Amicus Briefs Archives

ACRU: Leave Clergy Housing Allowance Alone

By ACRU Staff|2020-04-23T21:52:38-04:00April 14th, 2014|

Freedom from Religion Foundation is “trying to use the federal courts to destroy religious freedom and independence from government control,” said American Civil Rights Union Chairman Susan A. Carleson.

Washington, D.C. (April 14, 2014) — An Internal Revenue Service (IRS) rule allowing clergy to have a tax-exempt housing allowance is a reasonable accommodation of religion, not an unconstitutional establishment of religion, the ACRU argued in a federal court brief filed on April 9.

The brief, filed by ACRU Senior Legal Analyst Kenneth A. Klukowski on behalf of the Liberty Institute, asks the 7th Circuit Court of Appeals to overturn a ruling by Senior U.S. […]

ACRU: IRS, U.S. Court Overreached on Obamacare Exchanges

By ACRU Staff|2014-03-11T14:42:44-04:00March 11th, 2014|

WASHINGTON, D.C. (March 11, 2014) — In a brief filed Monday at the Fourth District U.S. Court of Appeals, the American Civil Rights Union (ACRU) argues that the Internal Revenue Service (IRS) has ignored Congress on Obamacare and violated the constitutional separation of powers.

Even though the Affordable Care Act (ACA) makes tax subsidies available only to individuals purchasing insurance through state exchanges, the IRS issued a rule opening subsidies to people who buy on federal exchanges. A U.S. District Court upheld the rule, ignoring the ACA’s clear language, according to the ACRU’s brief filed in conjunction with the Pacific Justice Institute […]

ACRU: ObamaCare Violates Freedom of Religion

By ACRU Staff|2020-04-23T21:52:41-04:00October 15th, 2013|

Brief filed on behalf of Liberty University says the cost of defying abortion order would be “crippling.”

ALEXANDRIA, VA (Oct. 15, 2013) — In an amicus brief submitted on October 9, the American Civil Rights Union asked the U.S. Supreme Court to hear a case brought by Liberty University. Located in Lynchburg, Virginia, the Christian college contends that forcing it through the Affordable Care Act (ObamaCare) to fund employee health insurance that covers abortions is unconstitutional.

In Liberty University v. Lew, Sibelius, et al, the ACRU brief, written by General Counsel Peter Ferrara, notes that, “if Liberty University fails to comply with the employer mandate […]

Symposium: Time to Restore Longstanding Meaning—and Sanity—to the Establishment Clause in Town of Greece v. Galloway

By ACRU Staff|2020-04-23T21:52:41-04:00October 4th, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published October 3, 2013 on SCOTUSblog.com.

Town of Greece v. Galloway is a major Establishment Clause case involving legislative prayer. If the Supreme Court takes this opportunity—as it should—to replace both the manifestly unworkable original Lemon test and its equally unworkable revision, the endorsement test, with a historically grounded, principled, and objective coercion test, then this case will be of tremendous benefit to the law and the nation.

Those who believe in fidelity to the Constitution and democratic self-rule should hope for nothing less. And although an […]

ACRU Urges Court to Clarify the Right to Carry

By ACRU Staff|2020-04-23T21:53:57-04:00August 13th, 2013|

Maryland law reduces Second Amendment’s guarantee of right to bear arms largely to home and hearth, group contends in court brief.

WASHINGTON, D.C. – Maryland is unconstitutionally restricting citizens’ right of self defense outside the home, argues an American Civil Rights Union amicus brief submitted Monday to the U.S. Supreme Court.

In Woollard and Second Amendment Foundation, Inc. v. Gallagher, et al, the brief, written by ACRU General Counsel Peter Ferrara, asks the Court to hear the case, and states:

“There is nothing in the language of the Second Amendment, or of this Court’s governing, binding precedents in Heller and McDonald, that limits the […]

ACRU: D.C. Gun Transfer Law Violates Second Amendment by Burdening the Sale of Goods or Services

By ACRU Staff|2020-04-23T21:53:43-04:00July 11th, 2013|

WASHINGTON, D.C. (July 11, 2013)—The District of Columbia’s law requiring residents who purchase out-of-state guns to go through an expensive middleman to get a transfer permit violates the Second Amendment, according to a brief filed on July 1 at the U.S. Supreme Court by the American Civil Rights Union (ACRU).

Although the Court’s 2008 ruling in the Heller case overturned the District’s ban on handgun possession, the city has another law that requires people who want to buy guns out of state to transfer them through a federally licensed firearms dealer (FLFD). Since the District has no retail gun stores, anyone who wants to buy a […]

ACRU Asks Supreme Court to Strike Campaign Finance Limits

By ACRU Staff|2020-04-23T21:52:44-04:00May 14th, 2013|

Political speech should have higher protection than “pornography, nude dancing and abortion,” brief says.

WASHINGTON, D.C. (May 13, 2013) — In an amicus brief filed May 8, the American Civil Rights Union argues that limits on campaign donations infringe on freedom of speech.

Written by ACRU General Counsel Peter Ferrara, the brief in Shaun McCutcheon and Federal Election Committee v. Federal Election Commission sides with plaintiff Shaun McCutcheon, who is appealing a September ruling by the U.S. District Court for the District of Columbia upholding the federal campaign contribution law.

Mr. McCutcheon had wanted to donate more money to three […]

ACRU Asks Supreme Court to Strike Campaign Finance Limits

By ACRU Staff|2020-04-23T21:52:44-04:00May 14th, 2013|

Political speech should have higher protection than “pornography, nude dancing and abortion,” brief says.

WASHINGTON, D.C. (May 13, 2013) — In an amicus brief filed May 8, the American Civil Rights Union argues that limits on campaign donations infringe on freedom of speech.

Written by ACRU General Counsel Peter Ferrara, the brief sides with plaintiff Shaun McCutcheon, who is appealing a September ruling by the U.S. District Court for the District of Columbia upholding the federal campaign contribution law.

Mr. McCutcheon challenged the aggregate limit ($74,600) on contributions to non-candidate committees because he wanted to contribute $25,000 each to three Republican political committees […]

Arizona v. Inter Tribal Council of Arizona

By ACRU Staff|2013-03-13T13:39:53-04:00March 13th, 2013|

Arizona voters passed a law in 2004 “to combat voter fraud by requiring voters to present proof of citizenship when they register to vote and to present identification when they vote on election day.” The ACRU filed a friend of the court brief in 2013 defending the law as a necessary measure to fight vote fraud.

READ THE AMICUS BRIEF HERE. (PDF 113KB)

ACRU's Liberty U. Brief: ObamaCare Violates Religious Freedom

By ACRU Staff|2013-03-07T07:32:30-05:00March 7th, 2013|

WASHINGTON (March 6) – In an amicus brief filed at the Fourth Circuit Court of Appeals, the American Civil Rights Union (ACRU) argues that the Patient Protection and Affordable Health Care Act’s (PPACA) employer and individual mandates are unconstitutional burdens on religious freedom. It is the ACRU’s ninth federal court brief challenging ObamaCare.

Authored by ACRU General Counsel Peter Ferrara in Liberty University v Timothy Geithner, the brief’s key arguments are:

“The Supreme Court … found the PPACA’s individual mandate to be without authorization under the Commerce Clause and the Necessary and Proper Clause. This Court should find the same for the employer […]