FOIA & Amicus Briefs

AAF General Counsel Marc Wheat said:

“Today, the Supreme Court decided that religious parents have a right to opt their children out of gender indoctrination in school curricula. In Mahmoud v. Taylor, a religiously diverse group of parents sued after their Montgomery County, Maryland schools refused to allow them to opt their young children out of reading and discussing books designed to push gender ideology on young readers.  While we applaud the Court for its decision, there is more work to be done to ensure that no parents are forced to allow their kids to endure gender indoctrination at school, whether their objections are religiously based or not.”

AAF General Counsel Marc Wheat said:

“Today, the Supreme Court, on a 6-3 vote, upheld Congress’s delegation of taxing power to the Universal Service Administrative Company (USAC). In Federal Communications Commission (FCC) v. Consumers’ Research, Consumers’ Research challenged the taxing power to the Universal Service Administrative Company (USAC), an organization created by the FCC to collect and distribute funds for the Universal Service Fund. The Court’s decision allows for the continuation of a program that, while likely beneficial, conservative constitutionalists believe is beyond the scope of Congress to create.”

“AAF agrees with the analysis of the Gorsuch dissent (joined by conservatives Thomas and Alito), that the Court departs from time-honored rules such that when it comes to “universal service” taxes, the majority concludes, an executive agency may decide for itself what rates to apply and how much to collect. In upholding that arrangement, the Court defies the Constitution’s command that Congress “may not transfer to another branch ‘powers which are strictly and exclusively legislative.’” Gundy v. United States, 588 U. S. 128, 135 (2019) (plurality opinion) (quoting Wayman v. Southard, 10 Wheat. 1, 42–43 (1825)).”

AAF General Counsel Marc Wheat said:

“Today the Supreme Court rightly ruled in favor of Americans’ ability to challenge illegal government action in court. Its decision today in Diamond Alternative Energy v. EPA held that fuel producing companies can proceed with their challenge to California’s electric vehicle mandate. This mandate is part of an EPA exemption that allows California to regulate in areas other states cannot, unconstitutionally privileging one state over the others. AAF filed amicus briefs supporting the challenge at both the petition for certiorari stage and on the merits. We applaud the Court’s decision.

Thank you to our amici for joining us in fighting for the equality of the states!”

Advancing American Freedom Fights for Americans’ Access to Judicial Relief from Government Abuse – Advancing American Freedom

Advancing American Freedom led a coalition of 54 other amici in Vitsaxaki v. Skaneateles Central School District, fighting for parental rights and to protect children from indoctrination at school by gender ideologues. In this case, school officials sought to facilitate the social transition of Jennifer Vitsaxaki’s then seventh-grade daughter, referring to her by a new name and incorrect pronouns. When Mrs. Vitsaxaki noticed that her daughter’s grades were declining and that she was distracted from her studies, Mrs. Vitsaxaki expressed her concerns to school officials who “dismissed” them, telling her that all was well with her daughter and that nothing unusual was happening at school. Even after Mrs. Vitsaxaki ultimately learned about the secret transitioning campaign and switched her daughter to virtual schooling for the rest of the year, school officials continued to speak with her daughter about gender issues.

“Parents should not have to worry that school officials are psychologically manipulating their children or hiding important developments from them, but, unfortunately, these cases are arising around the country” said AAF General Counsel J. Marc Wheat. “The school in this case violated Mrs. Vitsaxaki’s fundamental, constitutionally recognized right to direct the upbringing of her daughter. This Court should rule for Mrs. Vitsaxaki and ensure that the rights of parents in the Second Circuit are secure.”

“This proposal will restore executive branch federal employees’ accountability to the President, as constitutionally intended,” said AAF Executive Vice President Paul Teller. “The Constitution vests all executive authority in the President, not to unelected bureaucrats. We applaud this effort to empower agencies to remove employees for poor performance, misconduct, or subversion of the President’s agenda, ensuring that our government conforms to the Constitution’s design.”

Advancing American Freedom led a coalition of 47 amici in Littlejohn v. School Board of Leon County, Florida, a case in which parents January and Jeffrey Littlejohn are seeking damages against a school that secretly socially transitioned their then 13-year-old daughter and actively sought to hide that transition from the Littlejohns. A three-judge panel declined to reverse the district court’s ruling against the parents, who are now seeking an en banc rehearing of their case. AAF’s amicus brief argues that the district court and panel decisions violate a century of Supreme Court precedent recognizing parental rights.

“In school districts across America, parents like the Littlejohns are being rolled in the service of a radical and secretive social agenda as the state usurps their parental rights,” said AAF General Counsel J. Marc Wheat. “Every child is unique. Only parents know what is best for their children, not ideologues that use school districts as tools for their social engineering pet projects. We urge the Eleventh Circuit to grant the Littlejohns’ petition for rehearing en banc and rule in their favor.”