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…
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…
Amicus briefs filed by Boyden Gray & Associates tracked the reasoning in two recent Supreme Court decisions: West Virginia v. EPA and Dobbs v. Jackson Women’s Health Organization. In West Virginia v. EPA, the Court considered the legality of the Clean Power Plan—an Obama era regulation that pointed to EPA’s authority under the Clean Air Act to impose emission limits on…
The Supreme Court has denied the petition for certiorari in Byrd v. Lamb, which asked whether a Bivens claim is applicable when a Department of Homeland Security agent displays his firearm in a public parking lot. The Fifth Circuit declined to recognize a Bivens claim, distinguishing the incident in Byrd v. Lamb from Bivens by noting the personal nature of the alleged dispute, the location of the incident away…
Today, America First Policy Institute’s (AFPI) Constitutional Litigation Partnership and the law firm of Boyden Gray & Associates filed a brief as amicus curiae in the U.S. Supreme Court in support of petitioners in West Virginia v. EPA, No. 20-1530, challenging the D.C. Circuit’s decision upholding the core principles of President Obama’s illegal and destructive Clean Power Plan regulation promulgated…
Boyden Gray & Associates filed an brief in opposition yesterday in the Supreme Court on behalf of Ray Lamb in Kevin Byrd v. Ray Lamb, No. 21-184. The brief urges the Court to decline the petitioners request as there is no circuit split on what types of Fourth Amendment Bivens claims survive the Court’s decision in Zilgar v. Abbasi. The…
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…