Amicus Briefs

Amicus Briefs Eagle Forum’s Amicus Briefs in 2009-2012
Eagle Forum’s Amicus Briefs in 2008-2009
Eagle Forum’s Amicus Briefs in 2000-2001
Eagle Forum files briefs in U.S. Supreme Court and other courts

U.S. Supreme Court: 2013-2014 Term

U.S. Supreme Court: 2012-2013 Term

U.S. Supreme Court: 2011-2012 Term

  • Arizona v. United States (PDF)
  • Perry v. Perez (PDF)
  • Equity in Athletics, Inc. v. Department of Education (PDF) — Should there be gender quotas in college sports? Unfortunately, many colleges are enforcing gender quotas on their intercollegiate sports teams, trying to match the percentage of women on teams to the percentage of women enrolled in the school, regardless of whether the women students have less interest in competitive sports. Our amicus brief urges the U.S. Supreme Court to accept this case in order to reject the growing use of gender quotas by college sports teams. (The petition for cert. was denied.)
  • Golan v. Holder (PDF)

U.S. Supreme Court: 2010-2011 Term

  • Camreta v. Greene (PDF)
  • Carol Anne Bond v. United States of America (PDF)
  • Schwarzenegger v. Entertainment Merchants Association (PDF) — Eagle Forum Education & Legal Defense Fund filed an amicus brief with the U.S. Supreme Court, rejecting claims that gruesome video games are somehow First Amendment free speech. The video game industry has surpassed Hollywood in revenue and influence and gore, unbeknownst to many parents. The image abuse being inflicted by the video game industry on addicted children is leading to violent behavior, wasted time, and wasted lives. Playing games is not free speech and California properly assisted parents by prohibiting the sale or rental of violent video games to children there. This amicus brief explains why the U.S. Supreme Court should uphold this pro-parent law and should reject the notion that an industry has a First Amendment right to disturb children with shockingly violent images in role-playing games.

U.S. Supreme Court: 2009-2010 Term

  • Christian Legal Society v. Martinez (PDF) — Eagle Forum Education & Legal Defense Fund filed an amicus brief in perhaps the most important case pending on the Supreme Court’s docket: Christian Legal Society v. Martinez. At issue is whether public universities may force recognized student groups to accept as members other students who have opposing beliefs. This policy, which was imposed by a California public law school on a Christian club to compel it to welcome advocates of homosexuality, has the effective of imposing a “heckler’s veto” on private associations at the school. This policy interferes with the internal operations of private groups and impedes their ability to be productive. Quoting Alexis de Tocqueville, our brief explained that the freedom of association is essential to maintaining liberty.
  • McDonald v. City of Chicago (PDF) — Eagle Forum Education & Legal Defense Fund filed an amicus brief with the U.S. Supreme Court to apply the Second Amendment against the sweeping gun control imposed by the City of Chicago. In 2008 the Supreme Court held that the Second Amendment does establish an individual right to bear arms, but perhaps the City of Chicago did not “get the memo.” Instead, it continues to ban all handguns even when intended purely for self-defense. Our brief explains that sometimes the Constitution protects against local tyranny, and the Second Amendment does establish the all-important right to keep and bear arms against local as well as national infringement.
  • Stop the Beach v. Florida Department of Environmental Protection (PDF) — On 8/20/09 Eagle Forum Education & Legal Defense Fund filed this amicus brief in support of private property rights and against a “judicial taking.” We urge the Court to overturn the Florida Supreme Court decision that deprived private property owners of their traditional rights in land uncovered by a receding shoreline. The Florida Supreme Court “took” that property from owners by judicial supremacy, giving it to the state. Our brief argues in favor of protection against the uncompensated taking of property by court decisions. The U.S. Supreme Court will hear and decide this case in its upcoming 2009-2010 term.
  • Salazar v. Buono (PDF)
  • Bilski v. Doll (PDF) — Eagle Forum Education & Legal Defense Fund has filed an amicus brief in support of strong patent rights for inventors. Eagle Forum urges the Supreme Court to allow patents for useful new inventions even if they are not tied to a machine or physical transformation.
  • Schwarzenegger v. Video Software Dealers Ass’n (PDF) — Eagle Forum Education & Legal Defense Fund filed an amicus brief before the U.S. Supreme Court to object to the latest form of judicial supremacy: federal courts striking down state laws that protect children from video games. The Ninth Circuit invalidated a good law that had been enacted in California to protect children against exploitation by the sale of extremely violent video games. These games are addictive, harmful, and highly destructive to many children who become hooked on them. California is not known to be conservative but these games were too much even for it. Yet the Ninth Circuit declared these shocking video games to be “free speech” even for children, without any limit on content or age. We urge the U.S. Supreme Court to grant cert. so that this good law may be reinstated.

U.S. Supreme Court: 2008-2009 Term

  • Ricci v. DeStefano (PDF) — Eagle Forum Education & Legal Defense Fund filed an amicus brief in Ricci v. DeStefano.
  • Horne v. Flores (PDF) — Eagle Forum Education & Legal Defense Fund filed an amicus brief against judicial activism and phony bilingual education. The U.S. Supreme Court is poised to reverse the Ninth Circuit and end judicial supremacy that has tormented the Arizona legislature and public schools for years.
  • U.S. v. Hayes (PDF) — The Second Amendment is again at stake in this important case that also includes an example of abusive overuse of domestic violence laws. Randy Hayes thought he had a right to own a firearm, and he voluntarily allowed the police to search his apartment. The police found a firearm, but also found a misdemeanor crime on his record that from ten years earlier. The prosecutor applied federal law 18 U.S.C. § 922(g)(9), which prohibits anyone convicted of a “misdemeanor crime of domestic violence” from possessing a firearm, to Hayes and he faced the possibility of a stiff sentence simply for exercising his right to keep and bear arms. Eagle Forum stands up for the Second Amendment right here, and also objects to applying domestic violence laws broadly to include misdemeanors that did not even require a domestic relationship as an element of the offense.

U.S. Supreme Court: 2007-2008 Term

  • District of Columbia v. Dick Anthony Heller (PDF) — Whether the D.C. gun ban violates the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?
  • Faith Center v. Glover (PDF) — Whether Evangelical Christians have the same right as other groups to use the community meeting room at a public library.

U.S. Supreme Court: 2006-2007 Term

U.S. Supreme Court: 2005-2006 Term

U.S. Supreme Court: 2004-2005 Term

U.S. Supreme Court: 2003-2004 Term

U.S. Supreme Court: Previous Terms

U.S. Circuit Courts & State Courts

ObamaCare Mandate cases:
  • Nebraska v. HHS — Eagle Forum filed an amicus curiae brief (PDF) in the Eighth Circuit U.S. Court of Appeals, Nov. 14, 2012.
  • Wheaton College v. Sebelius — Eagle Forum filed an amicus curiae brief (PDF) in the D.C. Circuit U.S. Court of Appeals, Oct. 12, 2012.
Marriage cases:
  • Golinski v. OPM — Eagle Forum filed an amicus curiae brief (PDF) and motion (PDF) opposing the Obama Administration’s petition for an initial hearing en banc in the Ninth Circuit U.S. Court of Appeals, April 30, 2012. Eagle Forum also filed an amicus curiae brief (PDF) supporting the appeal, June 11, 2012. Other briefs here.
  • Perry v. Brown (formerly Perry v. Schwarzenegger) — Eagle Forum filed an amicus curiae brief (PDF) in the Ninth Circuit U.S. Court of Appeals, Sept. 24, 2010. Eagle Forum also filed a filed an amicus curiae brief (PDF) supporting the petition for rehearing en banc, March 5, 2012.
  • Diaz v. Brewer — Eagle Forum filed an amicus brief (PDF) supporting Arizona’s petition for rehearing en banc in the Ninth Circuit U.S. Court of Appeals, October 7, 2011.
  • Commonwealth of Massachusetts vs. U.S. Department of Health & Human Services — Eagle Forum filed an amicus curiae brief (PDF) in the First Circuit U.S. Court of Appeals of Massachusetts, Jan. 26, 2011. Eagle Forum also filed a motion and brief opposing the petition for an initial hearing en banc, July 6, 2011.
  • Adar v. Smith — Eagle Forum filed an amicus curiae brief (PDF) and motion (PDF) supporting the petition for rehearing en banc in the Fifth Circuit U.S. Court of Appeals, March 4, 2010.
  • Strauss v. Horton (PDF) — Eagle Forum Education & Legal Defense Fund filed an amicus brief in the California Supreme Court, Jan. 14, 2009, in defense of traditional marriage and California Proposition 8, which sent a clear message (by a 5% margin) that Californians want marriage as it has been for thousands of years.
Title IX cases:
  • Emeldi v. University of Oregon — Eagle Forum filed an amicus curiae brief (PDF) and motion (PDF) supporting the University’s petition for rehearing en banc in the Ninth Circuit U.S. Court of Appeals, April 30, 2012. News article.
  • Fuhr v. Hazel Park School District — Eagle Forum filed an amicus curiae brief (PDF) and motion (PDF) in the Sixth Circuit U.S. Court of Appeals, March 28, 2012.
  • Biediger v. Quinnipiac University — Eagle Forum filed an amicus curiae brief (PDF) and motion (PDF) in the Second Circuit U.S. Court of Appeals, April 11, 2011.
  • Parker v. Indiana High School Athletic Association — Eagle Forum filed an amicus curiae brief (PDF) in the Seventh Circuit U.S. Court of Appeals, April 6, 2011. Eagle Forum filed a Supplemental amicus curiae brief (PDF) and Motion in the Seventh Circuit U.S. Court of Appeals, June 14, 2011.
  • Mansourian v. Regents of the University of California — Eagle Forum filed an amicus curiae brief (PDF) in the Ninth Circuit U.S. Court of Appeals, May 1, 2009.
  • Doe v. Vermilion Parish School Board — Eagle Forum filed an amicus curiae brief (PDF) in the Fifth Circuit U.S. Court of Appeals, June 24, 2010.
  • National Wrestling Coaches Association v. Department of Education — Eagle Forum filed an amicus curiae brief (PDF) in the U.S. Court of Appeals for the D.C. Circuit, Nov. 10, 2003.

  • Planned Parenthood Ass’n of Hidalgo County Texas vs. Suehs — Eagle Forum filed an amicus brief (PDF) and motion (PDF) in the Fifth Circuit U.S. Court of Appeals on May 14, 2012, defending the new Texas law defunding Planned Parenthood from the Medicaid program.
  • Planned Parenthood KS & Mid-MO vs. Moser — Eagle Forum filed an amicus brief (PDF) and motion (PDF) in the Tenth Circuit U.S. Court of Appeals on Oct. 11, 2011, defending the new Kansas law defunding Planned Parenthood from the Medicaid program. Eagle Forum also filed a reply (PDF) to Planned Parenthood’s Opposition to Eagle Forum’s brief.
  • Planned Parenthood of MN, ND, SD vs. Rounds — Eagle Forum filed an amicus brief (PDF) and motion supporting the petition for rehearing en banc in the Eighth Circuit U.S. Court of Appeals on October 5, 2011.
  • Planned Parenthood of Indiana, Inc. vs. Commissioner of Indiana State Department of Health — Eagle Forum filed an amicus brief (PDF) in the Seventh Circuit U.S. Court of Appeals on August 6, 2011.
  • Planned Parenthood of the Heartland vs. Dave Heineman, Governor of Nebraska — Eagle Forum filed a brief (PDF) in Nebraska federal court on July 9, 2010, defending a new law that protects women from being subjected to abortion without their informed consent. Eagle Forum also filed an amicus brief (PDF) and motion (PDF) supporting the petition for rehearing en banc in the Eighth Circuit U.S. Court of Appeals, Jan 13, 2012.
  • Kevin Roach v. Omar Davis — Eagle Forum filed an amicus curiae brief (PDF) in the Eighth Circuit U.S. Court of Appeals, July 16, 2008 on behalf of itself and two pro-life student groups, one from Washington University law school and the other from St. Louis University, in defense of “Choose Life” license plates in Missouri.
  • Ned Comer v. Murphy Oil USA — Eagle Forum filed an amicus curiae brief (PDF) in the Fifth Circuit U.S. Court of Appeals, May 7, 2010.
    Eagle Forum’s brief urged the Fifth Circuit, sitting en banc, to end the silly lawsuit trying to recover money from energy and other companies for what is really a global warming hoax.
Illegal Immigration cases:
  • Valle del Sol, Inc. v. Whiting — Eagle Forum filed an amicus curiae brief (PDF) in the Ninth Circuit on Nov. 15, 2012 in defense of Arizona’s law against illegal immigration.
  • Villas at Parkside Partners v. City of Farmers Branch, Texas — Eagle Forum filed an amicus curiae brief (PDF) and motion (PDF) supporting the petition for rehearing en banc in the Fifth Circuit on May 2, 2012. The motion was granted on July 31, 2012.
  • Magee v. Central Alabama Fair Housing Center — Eagle Forum filed an amicus curiae brief (PDF) in the Eleventh Circuit on March 16, 2012 in defense of Alabama’s law against illegal immigration.
  • Hispanic Interest Coalition of Alabama v. Bentley — Eagle Forum filed an amicus curiae brief (PDF) and motion (PDF) in the Eleventh Circuit on January 3, 2011 in defense of Alabama’s law against illegal immigration. Eagle Forum also filed an amicus curiae brief (PDF) and motion (PDF) supporting Alabama’s petition (PDF) for rehearing en banc, Sept. 20, 2012.
  • Deal v. Georgia Latino Alliance — Eagle Forum filed an amicus curiae brief (PDF) in the Eleventh Circuit on August 22, 2011 in defense of Georgia’s law against illegal immigration.
  • Arizona Contractors Association, Inc. vs. Criss Candelaria — Eagle Forum filed an amicus curiae brief (PDF) in the Ninth Circuit on December 24, 2008 in defense of Arizona’s law against illegal immigration. The U.S. Supreme Court agreed on June 28th to hear this case in the fall of 2010.
  • Martinez v. Regents (PDF) — Eagle Forum’s amicus brief opposes California’s practice of granting the lower in-state tuition rates to illegal aliens. Congress passed a law prohibiting the wrongful practice of treating illegal aliens more favorably than American citizens from out of state, but California schools still give preferences to illegal aliens, October 5, 2009.
  • Gray v. City of Valley Park, MO (PDF) — Eagle Forum filed an amicus curiae brief in the Eighth Circuit U.S. Court of Appeals, August 13, 2008.
  • Lozano v. City of Hazleton — Eagle Forum filed an amicus curiae brief (PDF) in the Third Circuit U.S. Court of Appeals, February 12, 2008.
  • Newdow v. Rio Linda School Board — Eagle Forum filed an amicus curiae brief (PDF) in the Ninth Circuit U.S. Court of Appeals, June 25, 2010.
  • Staley v. Harris County, Texas — Eagle Forum filed an amicus curiae brief (PDF) in the Fifth Circuit U.S. Court of Appeals (en banc), December 21, 2006.
  • Staley v. Harris County, Texas — Eagle Forum filed an amicus curiae brief (PDF) in the Fifth Circuit U.S. Court of Appeals, February 18, 2005.
Parent/Student Rights case: