Boyden Gray & Associates filed an amicus brief on behalf of fifty-three organizations, federal and state legislators, and individual citizens in support of Eagle Forum of Alabama’s motion to quash a non-party subpoena. The brief explains, In a transparent and flagrant violation of the First Amendment, the United States served a subpoena on Eagle Forum of Alabama with no legitimate…
On September 9, 2022, Justice Sonya Sotomayor issued a stay of a New York state trial court’s ruling against Yeshiva University that would have required the school violate its religious convictions by “immediately” granting official approval to a student club called “YU Pride Alliance.” Boyden Gray & Associates submitted an amicus brief in support of Yeshiva University’s application for the…
Boyden Gray & Associates partner Jonathan Berry published an editorial in the New York Post on September 11, 2022, arguing that Nasdaq’s board-diversity rule is unconstitutional and driven by elitism. He writes, Today a new elite club that wants to set itself apart from the rest of America: progressive activists and their friends in the business world. They are highly…
Boyden Gray & Associates counsel Michael Buschbacher and research fellow Taylor Myers published an article in the American Conservative on September 6, 2022, arguing that current policies have led steadily to a less reliable electric grid. They write, Our confused and halting response to climate change is already exposing Americans to new and potentially devastating risks during periods of extreme heat and…
On August 29, 2022, Boyden Gray & Associates partner Jonathan Berry argued On August 29, 2022, Boyden Gray & Associates partner Jonathan Berry argued before the United States Court of Appeals for the Fifth Circuit in Alliance for Fair Board Recruitment v. SEC. The case involves a challenge to the SEC’s endorsement of a new rule requiring almost every Nasdaq-listed…
The Court of Appeals for the Seventh Circuit quoted an amicus brief by Boyden Gray & Associates on behalf of a group of First Amendment scholars in an opinion that upholds the right of religious schools to structure their communities in accordance with their beliefs. In Starkey v. Roncalli High School and Archdiocese of Indianapolis, the court held that the…
Former White House Counsel C. Boyden Gray and Michael Buschbacher, counsel at Boyden Gray & Associates, published an editorial in The Wall Street Journal on August 7 urging West Virginia Senator Joe Manchin to continue his push to secure meaningful reforms to the National Environmental Policy Act, or NEPA. They write, “[W]e were heartened to see that Mr. Manchin secured…
A recent article by Pamela King of E&E News discusses the origins of the major questions doctrine clarified by the Court in its recent decision in West Virginia v. EPA. In West Virginia, the Court considered the legal theory at the heart of the Clean Power Plan, an Obama-era EPA regulation that asserted the authority to impose a cap-and-trade “generation…
A recent article by Kevin Stocklin published in The Epoch Times discusses the implications of the Supreme Court’s recent decision in West Virginia v. EPA for other regulatory initiatives by the Biden Administration. In West Virginia, the Court considered whether the EPA had the authority to impose a cap-and-trade “generation shifting” program on the nation’s electric grid under Section 111…
Boyden Gray & Associates has filed opening and reply briefs in Consumers’ Research and Cause Based Commerce’s challenge of the FCC’s Universal Service Fund. Section 254 of the Telecommunications Act of 1996 established the Universal Service Fund and delegated its operation to the FCC. As its name indicates, the Universal Service Fund is designed to facilitate broad access to telecommunications…