On September 28, 2021, the Ethics and Public Policy Center (EPPC) and Boyden Gray & Associates filed a complaint with the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS) on behalf of a New Hampshire resident whom the state prohibited from receiving a COVID-19 vaccine solely because of his race. Earlier this year, New…
Boyden Gray & Associates filed an amicus brief today in the Supreme Court on behalf of the D.C. Association of Criminal Defense Lawyers in favor of the petitioner in Orlando Carter v. District of Columbia, No. 21-340. The brief urges the Court to grant certiorari and hold that the First Amendment protects religious nonprofits’ right to hire those who share…
Boyden Gray & Associates filed a comment yesterday on behalf of Consumers’ Research opposing the FCC’s Universal Service Fund (USF). The comment argues that the Universal Service Fund is an unconstitutional tax raised and spent by an unaccountable federal agency. What’s more, this unaccountable federal agency–the FCC– has delegated all authority over this revenue-raising scheme to a private company registered…
Boyden Gray & Associates filed an amicus brief yesterday in the Supreme Court on behalf of Samaritan’s Purse in favor of the petitioner in Seattle’s Union Gospel Mission v. Matthew S. Woods, No. 21-144. The brief urges the Court to grant certiorari and hold that the First Amendment protects religious nonprofits’ right to hire those who share their faith. The…
Boyden Gray & Associates filed an amicus brief today in the Supreme Court on behalf of Reason for Life in Dobbs v. Jackson Women’s Health Organization, No. 19-1392, which will consider whether “[w]hether all pre-viability prohibitions on elective abortions are unconstitutional.” The brief is available here. As we argue in the brief, the analysis in previous cases like Roe v….
Boyden Gray & Associates filed a comment yesterday on behalf of Urban Air Initiative and Consumers’ Research opposing the EPA’s proposed reinstatement of a waiver for California vehicle emission standards. The comment argues that the reinstatement of the waiver would be improper because California’s greenhouse gas emissions standards have been amended since the initial waiver was granted without EPA approval….
Boyden Gray & Associates partner Jonathan Berry published a retrospective on the first week of President Biden’s new administration in First Things on Friday, January 29, 2021. The piece analyzes what week-one executive actions might signal about the administration’s tendencies, especially regarding the Democratic Party’s sometimes conflicting priorities and future regulatory actions. For example, Berry explains: Biden’s team has ordered…
Former White House Counsel C. Boyden Gray published an editorial in the Wall Street Journal on January 26, 2021 arguing that California and the Biden administration’s attempt to impose state electric car quotas violate federal law. He writes, To promote efficiency, federal law broadly forbids state regulations “related to fuel economy standards.” Courts have held that this law forbids electric-car quotas and…
Boyden Gray & Associates filed a brief today on behalf of constitutional law scholars Richard Epstein and Jeremy Rabkin in the case U.S. et al. v. DTE et al., No. 10-13101 (E.D. Mich. July 30, 2020). The brief argues that citizen suits allow private parties to enforce public rights without constitutionally required executive supervision, and thus infringe on core executive…