America’s Future Files Two Amicus Briefs Supporting Americans’ Constitutional Rights
September 23, 2022
“America’s Future is committed to protecting the liberties and freedom of all citizens,” said Mary O’Neill, America’s Future Executive Director. “When one American’s rights are threatened, all citizens’ rights are in jeopardy and that cannot be allowed in this great nation.”
On Sept. 19, 2022, America’s Future along with 10 other amici organizations, submitted a Motion for Leave to File a Supplemental Amicus brief to the United States Court of Appeals for the Ninth Circuit in the Second Amendment legal battle Todd Yukutake and David Kikukawa v. Holly Shikada, in her official capacity as the Attorney General of the State of Hawai’i, et al., No. 21-16756 (2022). This is America’s Future second amicus brief filed in this case due to the June 23, 2022 United States Supreme Court (SCOTUS) decision in New York State Rifle & Pistol Association v. Bruen 597 U.S (2022).
The SCOTUS decision in the landmark Second Amendment Buen case altered the framework of Yukutake v Shakida along with all other Second Amendment cases in litigation on that day, across the nation. The decision reinforced and made clear that Americans enjoy a near-absolute constitutional right to bear arms. The decision warned national and local governments against enacting ticky-tacky arbitrary gun regulations; and further directed all lower courts to refrain from deciding Second Amendment challenges using what is known as the “two-step approach” which, in practice, gave courts unchecked discretion to uphold or strike down gun regulations at their whim by applying flimsy justification standards to the facts of any case to whatever outcome they wanted.
On Sept. 20, 2022, America’s Future along with four other nonprofit organizations, submitted a Motion for Leave to File an Amicus brief to the Alabama Middle District Court – Northern Division in Eknes-Tucker, et al. v Ivey, in her official capacity as Governor of the State of Alabama, No. 2:22-cv-00184 (2022) a.k.a. Boe v Marshall, No. 2:22-cv-00184 (2022).
For background, plaintiffs in this case are challenging the constitutionality of an Alabama state law entitled “Alabama Vulnerable Child Compassion and Protection Act,” also known as “VCAP,” (SB 184 and HB 266) which prohibits certain “medical” procedures that the state had determined to be harmful to minors. Now in the discovery phase of litigation, the United States Department of Justice (DOJ) issued a subpoena to Eagle Forum of Alabama (EFA), a nonprofit organization and a non-party to the case. The Amicus brief supports EFA’s motion to quash the subpoena based on First Amendment rights. (To read EFA's motion to quash, please click here: https://www.americasfuture.net/wp-content/uploads/2022/09/AF-EFA-Amicus-Brief-Link-First-Amendment.pdf)
To read more details about these filings, along with several other briefs filed by America’s Future, please visit our Law & Policy page on our website at www.AmericasFuture.net.
ABOUT AMERICA’S FUTURE, INC.
Founded in 1946, America’s Future, Inc. is a 501(c)(3) nonprofit organization committed to protecting the individual rights of every American and our Judeo-Christian values that make America exceptional. We do our work through educational and informational initiatives, strategic partnerships, communications, and networking opportunities that empower Americans to get involved in the fight to preserve the American way of life, now and for generations to come. For information, visit www.AmericasFuture.net.
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