Eagle Forum
AMICUS BRIEFS 
Eagle Forum files briefs in U.S. Supreme Court and U.S. Circuit Court Cases

Supreme Court of the State of California
Eagle Forum Education & Legal Defense Fund has filed an amicus brief 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.

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, in Horne v. Flores. This may be the most important case of the year as 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 following provisions — D.C. Code §§ 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate 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 
Gonzales v. Carhart (PDF) — Partial-birth abortion

U.S. Supreme Court: 2005-2006 Term 
Ayotte v. Planned Parenthood (PDF)Parental consent/notification for abortion
Rumsfeld v. Forum for Academic and Institutional Rights, Inc. (PDF)The Solomon Amendment

U.S. Supreme Court: 2004-2005 Term 
Internet case:
  • Metro-Goldwyn-Mayer Studios v. Grokster (PDF)
    "Peer-to-peer" internet technology facilitates First Amendment activity, and should not be destroyed by judicial activism. It sparked the impeachment of Clinton, defined the Swift Boats Veterans issue in 2004 and brought down Dan Rather.
  • Ten Commandments cases:
  • Thomas Van Orden v. Perry (PDF)

  • McCreary County KY v. ACLU of KY (PDF)
  • Title IX cases:
  • Jackson v. Birmingham Board of Education (PDF)

  • National Wrestling Coaches Association v. Department of Education case (PDF)
  • Misc. case:
  • American Trucking v. Michigan Public Service Commission (PDF)
    States cannot impose taxes to interfere with interstate commerce. The Constitution fosters free enterprise among the states and bans state taxes that specifically interfere with it. The Michigan tax discriminates against interstrate commerce and is unconstitutional. American Holland Trucking should prevail.

  • U.S. Supreme Court: 2003-2004 Term 
    Pledge of Allegiance cases:
  • Elk Grove Unified School District v. Michael A. Newdow (PDF)

  • Hamdi v. Rumsfeld (PDF) — Birthright citizenship
  • Mexican trucks case:
  • U.S. Dept. of Transportation v. Public Citizen (PDF)

  • U.S. Supreme Court: Previous Terms
    U.S. v Sell 
    Alexander v. Sandoval
    English Language  [further reading]
    Brzonkala v. Morrison
    Boy Scouts of America v. James Dale
    California Democratic Party v. Bill Jones
    Eldred v. Reno (now Eldred v. Ashcroft)
    Disney Mickey Mouse Case
    Falvo v. Owasso Independent School District
    Family Education Rights and Privacy Case
    Giani v. American Target Advertising
    State Regulation of Direct Mail Fundraising
    United States v. Morrison
    Violence Against Women Case
    U.S. Circuit Courts 
     
    Pro-Life:
  • 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.
    Eagle Forum Education & Legal Defense Fund joined with 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. More than one-third of the United States already offer "Choose life" specialty license plates: Montana, South Dakota, Oklahoma, Arkansas, Louisiana, Mississippi, Alabama, Florida, Georgia, Tennessee, Kentucky, Indiana, Ohio, Pennsylvania, Maryland, Connecticut, and Hawaii. Missouri became the 18th state to offer these plates, but the supporters of abortion hope to overturn that decision on appeal. Our brief stands in favor of free speech and life.
  • Illegal Immigration case:
  • 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.
  • Ten Commandments case:
  • 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:
  • C.N. v. Ridgewood Board of Education — Nosy Questionnaire Case — Eagle Forum filed an amicus curiae brief (PDF) in the Third U.S. Court of Appeals, June 18, 2001.
  • Title IX case:
  • 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.
  • Internet cases:
  • Napster v. A.M. Records — "peer-to-peer" internet technology

  • Veeck v. SBCCI (PDF) — The Building Codes Case
  • Eagle Forum's Amicus Curiae Briefs — Dec. 2001 PSR

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