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The Buckeye Institute Joins NFIB in Calling on SCOTUS to Abandon Chevron

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The Buckeye Institute joined the National Federation of Independent Business in filing an amicus brief in Foster v. U.S. Department of Agriculture, calling on the U.S. Supreme Court to hear the case and finally overturn Chevron, a “judicially created doctrine that props up an aggressive administrative state” that imposes regulations far beyond what Congress authorized. “The result of Chevron is an impossible-to-navigate ‘regulatory minefield’ that costs small businesses and consumers billions each year.”

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The Buckeye Institute & NFIB Call on U.S. Supreme Court to Protect Taxpayers

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The Buckeye Institute filed an amicus brief in Moore v. United States, calling the U.S. Supreme Court to reverse a ruling out of the Ninth Circuit Court of Appeals that would expand congressional authority to levy taxes well beyond what the Constitution and court precedent allow. The decision is “inconsistent with the U.S. Constitution and more than a century of U.S. Supreme Court precedent.” The National Federation of Independent Business joined Buckeye in filing the brief.

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“In Brief to Ohio Supreme Court, The Buckeye Institute Argues Public Records Must be Turned Over”

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The Buckeye Institute filed an amicus brief with the Ohio Supreme Court in Hicks v. Union Township, arguing that it is the duty of the General Assembly—not the courts—to determine what information should be excluded from the definition of public records. “Increasingly, Ohio courts have relied on the judge-made administrative convenience doctrine to shield government records from the public.” 

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“In Amicus Brief, The Buckeye Institute Argues That Liberty Requires Accountability”

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The Buckeye Institute filed an amicus brief in Braidwood Management v. Becerra with the U.S. Court of Appeals for the Fifth Circuit, arguing that the Affordable Care Act violated the appointments clause of the U.S. Constitution when it elevated the Preventative Services Task Force from a purely advisory role into a rulemaking body without also reforming the process by which the members of the task force were appointed and confirmed. 

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The Buckeye Institute Urges Court Uphold Injunction While Free Speech Case Is Heard

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The Buckeye Institute filed its second amicus brief in Missouri v. Biden. This one urging the U.S. Court of Appeals for the Fifth Circuit to uphold a preliminary injunction—that forbids the Biden Administration from “jawboning” social media companies to censor viewpoints the government does not agree with—until the case is resolved. In this brief, Buckeye highlights several examples going back to World War II, when the federal government provided the American public with information only to find later that the government’s initial assessment was, in fact, wrong.

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The Buckeye Institute Files Suit on Behalf of School Bus Driver to Stop Wage Theft

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The Buckeye Institute filed a lawsuit on behalf of David Krizon, a bus driver with the Minerva Local Schools in Minerva, Ohio, who continues to have money illegally taken out of his paycheck by his employer and given to a government union. Buckeye filed Krizon v. Ohio Association of Public School Employees (OAPSE) in the Stark County Court of Common Pleas. Stay up-to-date on Krizon v. OAPSE at BuckeyeInstitute.org/KrizonvOAPSE.

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The Buckeye Institute Calls on SCOTUS to Overturn Chevron and Assert Judicial Independence

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The Buckeye Institute was joined by the National Federation of Independent Business in filing an amicus brief in Loper Bright Enterprises v. Raimondo, calling on the U.S. Supreme Court to abandon the Chevron doctrine, which compels federal courts to defer to a federal agency’s creative statutory reading of a law—beyond what Congress authorized. In their brief, The Buckeye Institute and NFIB argue that Chevron deference has led to agency self-aggrandizement, legislative indifference, and judicial passivity.

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The Buckeye Institute in Brief to Court: Governments Cannot Create Fourth Amendment-Free Zones

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The Buckeye Institute filed an amicus brief in Johnson v. Smith, calling on the U.S. Court of Appeals for the Tenth Circuit to stop the government from conducting warrantless searches of Americans’ homes and businesses. “Our Founding Fathers were well aware of the risks inherent in warrantless and unreasonable government searches of private homes and businesses…In Johnson v. Smith, the court has another opportunity to tell government officials that they cannot create Fourth Amendment-free zones through oppressive regulatory schemes.”

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The Buckeye Institute Calls on SCOTUS to Protect Free Speech from Government “Jawboning”

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After a win in Missouri v. Biden, The Buckeye Institute filed an amicus brief in O’Handley v. Weber—a free speech case out of California—calling on the U.S. Supreme Court to hear the case and stop the state of California from “jawboning” social media companies to censor viewpoints the government does not agree with. As it did in its amicus brief in Missouri v. Biden, Buckeye argues that “jawboning” blurs the line between permissible government speech and impermissible censorship schemes and raises significant concerns about the expansion of the government speech doctrine. 

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The Buckeye Institute Joins Brief Urging SCOTUS to Uphold Separation-of-Powers Principle

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The Buckeye Institute joined New Civil Liberties Alliance in filing an amicus brief in Consumer Financial Protection Bureau v. Community Financial Services Association of America, calling on the U.S. Supreme Court to rein in the power of the unelected administrative state and protect the separation-of-powers principle embedded in the U.S. Constitution. “In violation of the Appropriations Clause and the separation of powers, the CFPB is free from any meaningful form of democratic accountability and has no meaningful constraints on its authority.”

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