ACRU Amicus Briefs Archives

ACRU Brief Challenges Health Care Law

By ACRU Staff|2011-04-04T16:39:55-04:00April 4th, 2011|

The American Civil Rights Union filed an amicus curiae brief on April 4, 2011 in the United States Court of Appeals for the Fourth Circuit in support of Virginia Attorney General Ken Cuccinelli in the case of Commonwealth of Virginia v. Kathleen Sebelius seeking to strike down Obamacare as unconstitutional. The brief argued that Obamacare’s individual mandate is unconstitutional because the delegated, enumerated power in the Commerce Clause to regulate interstate commerce does not include compelling purchase of government designated health insurance. The brief also argued that all of Obamacare should be struck down as unconstitutional as a result, because the Obamacare law did not include a […]

ACRU Files Amicus Brief Against EPA's Unconstitutional Stoppage of Home Construction

By ACRU Staff|2011-03-29T22:41:37-04:00March 29th, 2011|

Petitioners Chantell and Michael Sackett purchased a residential lot in a residential neighborhood, zoned and permitted by local authorities for construction of their home. After they began earthwork prepatory to such construction, they received a Compliance Order from the EPA effectively ruling that moving around dry earth and fill materials on their residential lot to begin their homebuilding project somehow involved discharge of a pollutant into the navigable waters of the United States in violation of the Clean Water Act. The Sacketts were denied any hearing to contest the Compliance Order by the EPA and by federal courts. They sought a Writ of Certiorari on the grounds […]

The American Civil Rights Union Files Amicus Brief to Strike Down Obamacare

By ACRU Staff|2010-11-21T15:40:38-05:00November 21st, 2010|

The American Civil Rights Union filed an amicus curiae brief on November 19 in the Federal District Court in the Northern District of Florida in the case of State of Florida, et al. v. U.S. Dept. of Health and Human Services supporting 20 states who have joined in that lawsuit seeking to strike down Obamacare as unconstitutional. The brief argued that the delegated, enumerated power in the Commerce Clause to regulate interstate commerce does not include compelling participation in interstate commerce by requiring purchase of government designated products and services by those who otherwise choose not to do so. The brief also uniquely argued that there were […]

ACRU Seeks to Strike Down Obamacare

By ACRU Staff|2010-10-04T13:07:38-04:00October 4th, 2010|

The American Civil Rights Union filed an amicus curiae brief on October 4, 2010 in the Eastern District of Virginia in support of Virginia Attorney General Ken Cuccinelli in the case of Commonwealth of Virginia v. Kathleen Sebelius seeking to strike down Obamacare as unconstitutional. The brief argued that the delegated, enumerated power in the Commerce Clause to regulate interstate commerce does not include compelling participation in interstate commerce by requiring purchase of government designated products and services by those who otherwise choose not to do so. It also argued that the individual mandate is not a tax under the federal government’s taxation powers, but a regulatory […]

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

By ACRU Staff|2010-08-31T12:16:22-04:00August 31st, 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 of State for approval of petitions for the recall of Senator Kent Conrad. They were denied by the Secretary of State citing
an opinion from the state Attorney General that the North Dakota Constitution did not provide for the recall of U.S. Senators. However, the state Constitution expressly states that recall applies to “all elected officials of the state.”
The Recall Committee sued the Secretary of State seeking enforcement […]

ACRU Joins Effort to Protect Prayer

By ACRU Staff|2020-04-23T21:52:56-04:00July 20th, 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 Ken Klukowski that makes the case as to how and why a National Day of Prayer is perfectly acceptable to the First Amendment of the U.S. Constitution. Moreover, though, the brief makes the case as to why this lawsuit should just be dismissed without even considering the constitutional challenge, because the plaintiffs, the Freedom From Religion Foundation and several affiliated individuals, lack standing to bring this suit […]

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

By ACRU Staff|2020-04-23T21:52:58-04:00May 11th, 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. Sen. Robert Menendez (D). If the court concurs, petitioners could begin immediately to collect the 1.3 million signatures needed within 320 days to put Menendez on the ballot. Menendez, who was elected in 2006, is not slated for re-election until 2012.

“The New Jersey Supreme Court must either affirm the ruling of the court below, or expressly overrule all the New Jersey precedents holding that […]

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

By ACRU Staff|2020-04-23T21:52:59-04:00April 21st, 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 to collect the signatures required under the New Jersey Constitution to qualify for such an election.

The American Civil Rights Union (ACRU) filed an amicus curiae brief on April 21, 2010 with the New Jersey Supreme Court urging it to deny the petition from Senator Menendez to hear the case on the grounds that the circulation of petitions and the collection of signatures is political activity […]

Loar et al v Michigan Department of Human Services

By ACRU Staff|2010-04-14T12:01:39-04:00April 14th, 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 public funds, and forced unionization as state employees of self-employed, privately owned and operated, home based, independent contractors serving the general public.

Under a state program to assist low income mothers in working and thereby reducing the burden of public assistance on taxpayers, the Michigan Department of Human Services (DHS) is authorized under state law to pay these independent providers for child care services to qualifying […]

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

By ACRU Staff|2010-02-08T18:50:27-05:00February 8th, 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 original petition request to gather signatures as The Committee to Recall Senator Robert Menendez from the United States Senate, contend that Menendez has violated his oath of office by voting for unconstitutional measures such as the attempted government health care takeover bill.

The New Jersey Secretary of State at the time rebuffed the request. So the matter is in court. Menendez is up for re-election […]