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April 2, 2025
Legal Briefs

Bonan v. Federal Deposit Insurance Corporation
Every day, Americans find themselves and their businesses shunted into administrative proceedings at federal agencies.
By Thomas A. Berry, Dan Greenberg, and Ethan Yang
April 2, 2025
Legal Briefs

Perkins Coie v. U.S. Department of Justice
President Trump has singled out several of the nation’s largest law firms for serious, potentially business-ending sanctions by executive fiat, citing the firms’ past representation of his political opponents and their lawsuits against the United States.
By Cecillia Wang, Ben Wizner, Brian M. Hauss, Clark Neily, & Thomas A. Berry
April 1, 2025
Legal Briefs

Marfil v. City of New Braunfels
Property, freedom, and economic liberty are fundamental constitutional rights, deeply rooted in our nation’s history and traditions.
By Thomas A. Berry and Matthew Cavedon
March 28, 2025
Legal Briefs

Harper v. O’Donnell
Fourth Amendment protections for your papers and effects do not automatically disappear just because you share them with third parties.
By Thomas A. Berry, Brent Skorup, and Laura Bondank
March 27, 2025
Legal Briefs

Kennedy v. Braidwood Management
In our brief, we advance two main arguments for why the U.S. Preventative Services Task Force (USPSTF), in its current configuration, violates the Appointments Clause.
By Thomas A. Berry and Charles Brandt
March 26, 2025
Legal Briefs

Lozman v. Riviera Beach
Because local governments have tremendous discretion over zoning applications, they often impose exorbitant costs and delays on the property owner, making it difficult for the property owner to then ripen their claims.
By Thomas A. Berry, Brent Skorup, and Caitlyn Kinard
March 17, 2025
Legal Briefs

Fortin v. King
The Federal Vacancies Reform Act (FVRA) vests appointments in “the President alone.”
By Thomas A. Berry
March 14, 2025
Legal Briefs

Martin v. U.S.
For much of our nation’s history, sovereign immunity shielded the federal government from liability for the acts of federal employees.
By Athul Acharya and Clark Neily
March 6, 2025
Legal Briefs

American Securities Association v. SEC
In 2024, the MSRB proposed a rule that would shorten the reporting time for municipal securities trades from 15 minutes down to one minute.
By Thomas A. Berry, Brent Skorup, and Christine Marsden
February 21, 2025
Legal Briefs

Garrett v. Denver C.A.R.E.S.
Even short-term seizures are unconstitutional absent probable cause.
By Thomas A. Berry and Caitlyn Kinard
February 18, 2025
Legal Briefs

Sullivan v. Texas Ethics Commission
Texas’s law chills the speech of ordinary citizens.
By Thomas A. Berry and Caitlyn Kinard
February 18, 2025
Legal Briefs

FCC v. Consumers’ Research
Our Founding Fathers knew that “the power to tax involves the power to destroy.”
By Thomas A. Berry, Brent Skorup, and Charles Brandt
February 10, 2025
Legal Briefs

Spirit Aerosystems v. Paxton
Texas’s “Right to Examine” statute grants the state Attorney General authority to demand immediate access to any corporate records without prior judicial review.
By Adam Kwon and Clark Neily
February 6, 2025
Legal Briefs

NetChoice v. Bonta
In September 2024, California enacted a law imposing significant restrictions on social media access.
By Thomas A. Berry
February 3, 2025
Legal Briefs

Diamond Alternative Energy v. EPA
Overly strict applications of standing doctrine are not just inconsistent with the original meaning of the Constitution, they are also inconsistent with established precedent.
By Thomas A. Berry, Brent Skorup, and Christine Marsden