Press Releases

Advancing American Freedom led a coalition of 63 other organizations and individuals fighting for the ability of States to protect life in the face of the Biden-Harris Administration’s effort to force doctors to perform abortions. The Emergency Medical Treatment and Labor Act (EMTALA), passed by a bipartisan Congress and signed by President Reagan, was intended to ensure that a person’s inability to pay did not prevent him from receiving essential emergency medical treatment. It also explicitly requires doctors to consider the wellbeing of an unborn child when the emergency is labor. The Biden-Harris Administration decided that that decades-old law requires emergency room doctors to perform abortions.

“EMTALA was not and is not a Trojan Horse for legally required abortion,” said AAF General Counsel J. Marc Wheat. “President Reagan did not sign a pro-abortion law and EMTALA has never been interpreted to require abortion until the Biden-Harris Administration. The Supreme Court in Dobbs v. Jackson Women’s Health returned the authority to regulate abortion to the States. The Biden-Harris Administration’s interpretation of EMTALA is nothing more than a bald-faced effort to undermine the Court’s decision by fiat.”

Read the brief here.

Advancing American Freedom led a coalition of 42 other organizations and individuals calling on the Supreme Court to pare back the power of unelected bureaucrats and restore the President’s constitutional authority over the Executive Branch. AAF and its fellow amici filed an amicus brief in Leacho, Inc. v. Consumer Product Safety Commission urging the Supreme Court to take up the case and rule in favor of Leachco.

“The Framers of our Constitution believed that a combination of structural constraints on government power and popular accountability was essential to the protection of liberty. The administrative state, by design, circumvents both of these protections,” said AAF General Counsel J. Marc Wheat. “With the downfall of Chevron, the Supreme Court reclaimed much of its constitutional authority from the administrative state. Now it is time for the Court to do the same for the Executive Branch by taking up this case and ruling for Leachco.”

Read the full brief here.

Advancing American Freedom led an amicus brief with 36 other amici in Goldstein v. PSC/CUNY arguing that the right to free association includes the right to fully disassociate from a labor union and thus not to be represented by it. In this case, Jewish professors in the CUNY system are challenging the requirement that they be represented by the Professional Staff Congress (PSC), the mandated labor union for professors at CUNY. The PSC has engaged in anti-Israel and antisemitic speech supporting Boycott, Divestment, and Sanctions (BDS) against Israel and accusing Israel of apartheid. Naturally, several Jewish professors object to being represented in their employment negotiations by such a group.

“The ability to associate freely touches every part of political, social, and personal life. Who one marries, goes to church with, and allows to influence one’s children are all associational decisions protected by the First Amendment,” said AAF General Counsel J. Marc Wheat. “The fight of these Jewish professors not to be represented by a group that clearly hates Israel is a fight for the same right we all have to ensure that those around us or who speak on our behalf have our best interest at heart.”

Read the full brief here.

Advancing American Freedom led an amicus brief with 57 other amici in Bryant v. Moore, arguing that states have both the responsibility and the authority to protect the unborn where the federal government fails to do so. North Carolina attempted to do exactly that, but the district court in this case found that federal law, which regulates chemical abortion drugs, preempts state efforts to impose stricter protections for the health of women and the unborn. As we said in our brief to the Fourth Circuit, “Appellants North Carolina House Speaker Timothy K. Moore and North Carolina Senate President pro tempore Philip E. Berger are using their official powers to defend North Carolina’s state law. Unhappily for our system of adversarial representation in court, North Carolina Attorney General Josh Stein has willfully abdicated that responsibility in a shocking failure to carry out his duties . . . When state officials like the Attorney General will not do their job, it is left to others like Advancing American Freedom and amici help fill in the gap.”

“Where the federal government fails to protect the fundamental rights of those within its jurisdiction, states have both the authority and responsibility to do so,” said AAF General Counsel Marc Wheat. “If Congress intends to preempt state law on an issue as controversial and significant as abortion, it must do so clearly so that the courts can assess the legitimacy of that delegation of power. AAF supports North Carolina’s effort to protect the right to life of the most vulnerable people in the state; the unborn.”

Read the full brief here.

Advancing American Freedom today unveiled its grassroots advocacy campaign, designed to educate voters on the issues at stake this fall. The campaign will run through November and highlight the damaging impacts of the progressive governing agenda while promoting the policy solutions that have defined success for the conservative movement in recent years. The campaign will start in Michigan, Ohio, Pennsylvania, and Montana and expand in the months ahead.

“The American people deserve to know the extremes of the far-left’s agenda—and understand exactly what is at stake in this election,” said AAF President Tim Chapman. “While candidates and elected officials run away from their policy positions, Advancing American Freedom is embracing the conservative solutions to issues top of mind for voters around the country. We are running a playbook anchored in fiscal conservatism, limited government, free-market principles, and bold American leadership. Conservative policies are the pathway to prosperity for our country, and our work ensures the American people will be equipped with the resources they need as they prepare to vote this fall.”

Advancing American Freedom filed the first of a series of three amicus briefs leading a coalition of 52 other amici urging the Supreme Court to hear cases challenging West Virginia and Idaho laws designed to protect women’s and girls’ sports. The Fourth and Ninth circuits enjoined enforcement of those laws.

The physical distinctions between men and women manifest themselves in drastic differences in performance at the highest level of competition. AAF’s briefs argue that while elite female athletes are incredibly talented, they would not be competetive with the top men in the world. The briefs show that giving children puberty blockers, an important element in the West Virginia cases, is just the latest iteration in a pattern of socially acceptable harm that has existed in different forms throughout recorded human history. As the Cass Review out of the UK explains, “a diagnosis of gender dysphoria . . . is not reliably predictive of whether that young person will have longstanding gender incongruence in the future, or whether medical intervention will be the best option for them.” Yet many in America would rush children onto these drugs, potentially setting them up for a lifetime of consequences.

“If men are allowed to compete in women’s sports, women will be discouraged from putting in the years of hard work athletic excellence requires,” said AAF General Counsel J. Marc Wheat. “States have both the authority and the responsibility to protect women’s and girls’ sports and to ensure that children are allowed to experience normal physiological development free from medically unnecessary surgical and hormonal manipulation.”

Read the full brief here.

Advancing American Freedom led an amicus brief with 36 other amici in Consumers’ Research v. Consumer Product Safety Commission urging the Supreme Court to take up the case and rule in favor of Consumers’ Research, restoring the President’s constitutionally established authority over the Executive Branch.

“With its recent decision overturning Chevron, the Court rightly reasserted the constitutional authority of its own branch. In this case, it has the opportunity to do the same for the Executive Branch,” said AAF General Counsel J. Marc Wheat.

“Over the last century, the powers vested by the Constitution in the legislative, executive, and judicial branches of the federal government have been slowly and purposely leeched by the Progressive movement into the ‘fourth branch’ administrative state,” Wheat said.  “This case will help reverse that process and restore the Constitution’s three co-equal and distinct branches in order to safeguard liberty.”

As is the case for several agencies within the administrative state, the Consumer Product Safety Commission is headed by a multimember board, the members of which are protected from presidential removal except in narrow circumstances. As a result, the Commission, which is ostensibly a part of the Executive Branch, operates beyond the control of the person vested by the Constitution with the executive power: the President.

Wheat concluded, “We urge the Supreme Court to take up this case and take another important step in the direction of restoring the balance of powers established by the Constitution.”

Read the full brief here.