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American Constitutional Law, Volume One
Gregg Ivers, American University

Public Interest Law Groups Appearing Frequently Before the Court

Public interest organizations and professional trade associations regularly participate in Supreme Court litigation to advance the interests of their members, donors, and ordinary citizens who share their views on important constitutional and public policy questions. Below are several organizations that regularly participate in Supreme Court litigation, either as amicus curiae (a friend of the court) or by sponsoring cases. Also listed are the major areas in which these groups litigate and some key cases in which they have been involved. For more information on these groups, please use the links provided to their Web sites.

American Center for Law and Justice: Established in 1990. Involved in First Amendment and privacy rights issues. Participates as a direct sponsor of litigation and as amicus curiae. Successfully represented the plaintiff in Board of Westside Schools v. Mergens (1990) and Lamb's Chapel v. Center Moriches Union (1993), which established equal access for religious speakers in public schools. Link to: www.aclj.org

American Civil Liberties Union: Founded in 1920 for the purpose of defending the Bill of Rights, specifically focusing on the First Amendment, equal protection, due process, and the right to privacy. Has participated in such landmark decisions as New York Times v. Sullivan (1964), which established the law of libel, and Planned Parenthood v. Casey (1992), upholding the right to abortion. 275,000 members. Link to: http://www.aclu.org

American Jewish Committee: Founded in 1906 to promote the free exercise of religion and separation of church and state. The AJC now fights against discrimination in employment, education, and housing, and for women's reproductive rights. 100,000 members with 32 chapters nationwide. Filed its first amicus curiae in Pierce v. Society of Sisters of the Holy Names of Jesus and Mary (1925) advocating a constitutional right to operate parochial schools, and has participated in every major church and state case since then. Link to: http://www.ajc.org

Americans for Effective Law Enforcement: Founded in 1966 to provide research and litigation support for professional law enforcement organizations. Emphasis is on reforming the law of search and seizure, police interrogation and confessions, and rules of evidence. Has participated in such cases as Dickerson v. U.S. (2000), which affirmed the right of suspects to receive mandatory warnings of their right to remain silent, and Illinois v. Wardlow (2000), in which the Court ruled that police may stop and search an individual who flees at the sight of a police officer. Non-member organization. Link to: http://www.aele.org.

Anti-Defamation League: Founded in 1913. Participates vigorously in separation of church and state and religious freedom cases, and is also very active in the debate over hate crimes and hate speech. Recent amicus participation includes R.A.V. v. St. Paul (1992), which limited state power to curtail "hate speech," and Mitchell v. Helms (2000), in which the Court upheld a state law permitting public funds for parochial schools. Non-membership group. Link to: www.adl.org

Center for Individual Rights: Founded in 1990. Involved in civil rights, freedom of speech, the free exercise of religion, and sexual harassment litigation. Filed amicus briefs in Boy Scouts of America v. Dale (2000) and in R.A.V. v. City of St. Paul (1992), in which freedom of speech, even hate speech, was protected. Successfully represented the plaintiff in Rosenberger v. Virginia (1995), which required universities to fund equally religious publications. Successfully represented the defendant in United States v. Morrison (2000), which struck down the Violence Against Women Act of 1994. Link to: www.cir-usa.org/

Concerned Women for America: Founded in 1979. Participates in cases dealing with issues ranging from right-to-life to religious liberty. Participated in cases such as Boy Scouts of America v. Dale (2000), where the Court ruled that the Boy Scouts were not required to admit homosexual members, and Stenberg v. Carhart (2000), which struck down restrictions on late term abortions. 500,000 members nationwide. Link to: www.cwfa.org

Handgun Control, Inc.: Established in 1974. More than 400,000 members nationwide. Advocates stronger gun control laws. Participated in United States v. Lopez (1995), which struck down a federal gun possession law on Commerce Clause grounds, and Printz v. United States (1997), which declared key provisions of the "Brady Bill" unconstitutional. Link to: www.handguncontrol.org

Lambda Legal Defense and Education Fund: Founded in 1973 to represent and support the lesbian and gay community. Grew to include HIV/AIDS-related civil rights and equality issues. Joined amicus curiae coalition in Reno v. ACLU (1997), in which the Supreme Court ruled that the Communications Decency Act placed an unacceptably heavy burden on protected speech, and Romer v. Evans (1996), which struck down an anti-gay rights provision of the Colorado state constitution. Link to: www.lambdalegal.org.

Mexican American Legal Defense and Education Fund: Established in 1968. Focuses on discriminatory practices in education, political access, and employment, and on the rights of immigrants. A key participant in San Antonio v. Rodriguez (1973), which ruled that inequities in state funding for public schools did not violate the Equal Protection Clause. Link to: www.maldef.org.

National School Boards Association: Established in 1940. Focuses primarily on religion and public schools litigation, such as school prayer and equal access. Also involved in wide range of other issues that affect public education, such as mandatory drug testing, locker searches, and sexual harassment. Participated in Agostini v. Felton (1997), which upheld federal funding for religious schools providing instructional services to economically disadvantaged students, and in Veronia School District v. Acton (1995), which upheld a random drug testing program for middle and high school students participating in sports programs. The NSBA is affiliated with nearly 2400 school districts and 48 state school board associations across the nation, and has approximately 95,000 school board members. Link to: www.nsba.org

National Asian Pacific American Legal Consortium: Established in 1991 to focus on the rights of Asian Americans in areas such as immigration, affirmative action, and voting. Link to: www.napalc.org

National Rifle Association: Formed in 1871. Nearly 3,000,000 members. Focuses primarily on gun regulation issues. Participated in United States v. Lopez (1995), which struck down a federal gun possession law on Commerce Clause grounds, and in Printz v. United States (1997), which declared key provisions of the "Brady Bill" unconstitutional. Link to: www.nra.org

National Association for the Advancement of Colored People's Legal Defense Fund: Established in 1939 as the litigation arm of the NAACP; eventually became a separate organization in 1959. Participates in wide range of civil rights and criminal justice cases, including racial discrimination, school desegregation, and police practices. Best known for sponsoring Brown v. Board of Education (1954), which overturned school segregation; Swann v. Charlotte-Mecklenburg Board of Education (1971), which permitted court-ordered school busing; and Furman v. Georgia (1972), which temporarily placed a moratorium on the death penalty. 400,000 members. Link to: www.ldfla.org

National Organization for Women Legal Defense and Education Fund: Established in 1970 as the legal arm of NOW. Focuses on issues ranging from violence against women, preventing sexual harassment, reproductive rights, and gender discrimination. Participated in such gender-discrimination cases as Reed v. Reed (1971) and Craig v. Boren (1971). Represented the plaintiff in United States v. Morrison (2000), in which the Court invalidated the Violence Against Women Act of 1994. Non-member organization. Link to: www.nowldef.org

National Association of Criminal Defense Lawyers: Established in 1958. Committed to due process, defendant's rights, and abolition of the death penalty. Participated in such cases as United States v. Leon (1984), which established the "good faith" exception to the exclusionary rule, and in McClesky v. Kemp (1987), in which the Court ruled that evidence of racial disparities in capital sentencing does necessarily demonstrate racial discrimination. 10,000 members. Link to: www.criminaljustice.org

Pacific Legal Foundation: Established in 1973. Emphasis is on private property rights, freedom from governmental regulation, and free enterprise. Has participated as amicus curiae in cases dealing with affirmative action and property rights, such as City of Richmond v. J.A. Croson (1989) and Lucas v. South Carolina Coastal Council (1992). 29,000 members. Link to: www.pacificlegal.com

People for the American Way: Founded in 1979. Participates in a broad range of civil rights and liberties litigation, with special emphasis on religion and public schools and First Amendment free speech rights. Participated in Wallace v. Jaffree (1985), which struck down the "voluntary prayer" law, and Santa Fe Independent School District v. Doe (2000), in which the Court ruled that public prayers at high school football games were unconstitutional. 300,000 members. Link to: www.pfaw.org

Planned Parenthood: Founded in 1916. Planned Parenthood is the nation's largest and oldest voluntary family planning organization. Participates in a wide range of reproductive rights issues, from abortion to teen family planning, and has been a party to or filed an amicus brief in every abortion case decided by the Supreme Court since Roe v. Wade (1973). Also served as the test-case plaintiff in Griswold v. Connecticut (1965). Has 127 affiliates and 875 health centers managed by those affiliates. Link to: www.plannedparenthood.org.

Reporters Committee for Freedom of the Press: Established in 1970. Focuses primarily on First Amendment freedom of the press issues and on cases that involve conflicts between freedom of the press and other constitutional rights, such as the right to a fair trial. Non-member organization. Link to: www.rcfp.org

Washington Legal Foundation: Established in 1977 with the goal of defending and promoting the principles of limited government, property rights, and regulatory reform. Participates frequently as amicus curiae. Notable cases include Dolan v. City of Tigard (1994), which granted broad leeway to plaintiffs to attack land use regulations, and Lucas v. South Carolina Coastal Council (1992), which involved land-use rules and private property. Link to: www.wlf.org

 


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