intermediate-scrutiny

24 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A806 Pharmaceutical Research and Manufacturers of America v. Sean O'Day, in His Official Capacity as Director of the Oregon Department of Consumer and Business Services Ninth Circuit 2026-01-12 Application compelled-speech first-amendment intermediate-scrutiny pharmaceutical-regulation takings-clause trade-secrets Question not identified.
25-6098 Elston Bone v. Massachusetts, et al. First Circuit 2025-11-13 Denied Response WaivedIFP 42-usc-1983 constitutional-challenge intermediate-scrutiny new-york-rifle-bruen state-court-review subject-matter-jurisdiction Does the Federal District Court have subject matter jurisdiction, over a Plaintiff who brings a 42 U.S.C. section 1983 action, and presents an indepen…
25-575 Will McLemore, et al. v. Roxanna Gumucio, in Her Official Capacity as Executive Director of the Tennessee Auctioneer Commission, et al. Sixth Circuit 2025-11-13 Denied Amici (1)Response Waived circuit-split first-amendment intermediate-scrutiny licensing-law professional-speech speech-conduct 1. Whether a burden on speech must be incidental merely because it is imposed by an occupational licensing law. 2. Whether a law that imposes inciden…
25A381 Upsolve, Inc., et al. v. Letitia James, Attorney General of New York Second Circuit 2025-10-02 Application constitutional-review content-based-restriction first-amendment intermediate-scrutiny purpose-based-distinction speech-regulation Question not identified.
24-1061 Project Veritas, et al. v. Nathan Vasquez, in His Official Capacity as Multnomah County District Attorney, et al. Ninth Circuit 2025-04-09 Denied Amici (10)Response RequestedResponse WaivedRelisted (2) content-neutrality first-amendment intermediate-scrutiny newsgathering speech-restriction supreme-court-precedent Did the Ninth Circuit err by holding that Oregon's prohibition of unannounced recordings—which expressly exempts recordings of police activity and dis…
24-881 Georgia Association of Club Executives, Inc. v. Georgia, et al. Georgia 2025-02-18 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) content-based-regulation first-amendment intermediate-scrutiny reed-v-gilbert strict-scrutiny tax-law A Georgia statute imposes a tax that, on its face, singles out businesses defined by the content of their expression; the State seeks to justify the t…
24-756 National Federation of the Blind of Texas, Incorporated, et al. v. City of Arlington, Texas Fifth Circuit 2025-01-16 Denied Amici (4)Response Waived charitable-solicitation first-amendment intermediate-scrutiny private-property-rights speech-restriction zoning-regulation The City of Arlington, Texas, has banned charitable donation boxes on consenting private property in 25 of 28 zoning districts in the City, foreclosin…
23A1062 Coalition Life v. City of Carbondale, Illinois Seventh Circuit 2024-05-29 Presumed Complete buffer-zone content-neutrality first-amendment intermediate-scrutiny public-forum speech-restriction Question not identified.
23-1105 National Press Photographers Association v. Kelly Higgins, in His Official Capacity as District Attorney of Hays County, Texas, et al. Fifth Circuit 2024-04-11 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) article-iii-standing civil-rights content-based-restriction content-based-restrictions drone-surveillance due-process first-amendment free-speech intermediate-scrutiny standing vagueness void-for-vagueness 1. Do journalists and news organizations whose First Amendment rights are chilled by an ambiguous criminal law have standing to bring a facial void-fo…
23-835 Association of Club Executives of Dallas, Inc., et al. v. City of Dallas, Texas Fifth Circuit 2024-02-05 Denied Response Waived content-based content-neutral content-neutrality evidentiary-burden first-amendment intermediate-scrutiny secondary-effects sexually-oriented-businesses strict-scrutiny 1. The secondary effects doctrine of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), provides that regulations adopted for the content-…
23-463 Elizabeth Brokamp v. Letitia James, Attorney General of New York, et al. Second Circuit 2023-11-02 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) circuit-split content-based content-based-regulation evidence first-amendment intermediate-scrutiny licensing-scheme motion-to-dismiss talk-therapy In Reed v. Town of Gilbert, this court held that laws that "defin[e] regulated speech by particular subject matter" are "obvious[ly]" content-based an…
21-7843 Tina Marie Bradford v. Los Angeles County Office of Education, et al. Ninth Circuit 2022-05-11 Denied Response WaivedRelisted (2)IFP civil-procedure due-process intermediate-scrutiny motion-practice motion-to-dismiss oral-argument procedural-due-process standing substantive-due-process trial-by-jury 1. Plaintiff-Appellant questions whether Due Process Clause of the Constitution (Substantive Due Process) entitlement to trial by jury, the right to o…
21-955 Khristy Goins Rismiller, Tutrix for Daniel Edward Goins, et al. v. Gemini Insurance Company, et al. Louisiana 2021-12-30 Denied Response Waived adoption adoption-law biological-classification civil-rights constitutional-rights due-process equal-protection intermediate-scrutiny levy-v-louisiana wrongful-death 1. Do children given in adoption have a constitutional right to sue for the wrongful death of their biological parent and siblings under the 14th Am…
21-6735 Gregory A. Rollins v. Illinois Illinois 2021-12-28 Denied Response WaivedIFP child-photography constitutional-challenge content-based content-based-restriction first-amendment government-interest intermediate-scrutiny public-place strict-scrutiny This Court has held that a statute restricting photographs, videos, or sound recordings is presumptively invalid under the First Amendment to the Cons…
20-1419 Reb Russell, II v. New Jersey New Jersey 2021-04-09 Denied Response RequestedResponse WaivedRelisted (2) 2nd-amendment civil-procedure civil-rights constitutional-rights due-process firearm-carry home-defense intermediate-scrutiny second-amendment self-defense standing takings In District of Columbia v. Heller, this Court held that the Second Amendment protects "the individual right to possess and carry weapons in case of co…
19-439 CTIA - The Wireless Association v. City of Berkeley, California, et al. Ninth Circuit 2019-10-02 Denied Amici (6) commercial-speech compelled-disclosure compelled-speech consumer-protection disclosure-requirements first-amendment government-regulation intermediate-scrutiny zauderer zauderer-standard In Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio, 471 U.S. 626 (1985), this Court held that, although government regulation of c…
19-404 David Seth Worman, et al. v. Maura T. Healey, Attorney General of Massachusetts, et al. First Circuit 2019-09-25 Denied Amici (7)Relisted (7) 2nd-amendment caetano civil-rights due-process firearms-ban heller heller-standard individual-right intermediate-scrutiny mcdonald second-amendment self-defense Does Massachusetts' ban unconstitutionally infringe the individual right to keep and bear arms under the Second Amendment?
19-64 Heidi C. Lilley, Kia Sinclair, and Ginger M. Pierro v. New Hampshire New Hampshire 2019-07-12 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) constitutional-law equal-protection fourteenth-amendment free-speech gender-discrimination intermediate-scrutiny public-exposure public-nudity 1. Does an ordinance expressly punishing only women, but not men, for identical conduct—being topless in public—classify on the basis of gender? 2. D…
18A1321 Capital Associated Industries, Inc. v. Josh Stein, Attorney General of North Carolina, et al. Fourth Circuit 2019-06-18 Presumed Complete first-amendment freedom-of-association intermediate-scrutiny professional-conduct trade-association unauthorized-practice-of-law Question not identified.
18-1272 Michael Gould, et al. v. Andrew Lipson, in His Official Capacity as Chief of the Brookline Police Department, et al. First Circuit 2019-04-04 Denied Relisted (7) 2nd-amendment circuit-split civil-procedure civil-rights constitutional-rights due-process firearm-restrictions good-reason intermediate-scrutiny right-to-bear-arms right-to-carry second-amendment self-defense standing takings In District of Columbia v. Heller, this Court held that the Second Amendment protects "the individual right to possess and carry weapons in case of co…
18-843 Ivan Pena, et al. v. Martin Horan, Director, California Department of Justice Bureau of Firearms Ninth Circuit 2019-01-03 Denied Amici (4)Relisted (7) 2nd-amendment civil-rights due-process equal-protection firearm-regulation firearm-restrictions handgun-regulation intermediate-scrutiny microstamping second-amendment self-defense standing takings California's "Unsafe Handgun Act," Cal. Penal Code § 31900 et seq., violates the Second Amendment by banning handguns of the kind in common use for tr…
18-824 Thomas Rogers, et al. v. Gurbir Grewal, Attorney General of New Jersey, et al. Third Circuit 2019-01-02 Denied Amici (6)Response RequestedResponse WaivedRelisted (8) 2nd-amendment carry circuit-split constitutional-carry firearm-rights heller-v-dc intermediate-scrutiny licensing second-amendment self-defense 1. Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense. 2. Whether the government may deny categoric…
18-733 1A Auto, Inc., et al. v. Michael Sullivan, Director, Massachusetts Office of Campaign and Political Finance Massachusetts 2018-12-10 Denied Amici (4)Response RequestedRelisted (2) association campaign-finance contribution-limits equal-protection first-amendment free-speech freedom-of-association freedom-of-speech intermediate-scrutiny political-contributions strict-scrutiny 1. Should Beaumont be overruled because it conflicts with more recent decisions of this Court and insufficiently protects freedom of speech and associ…
18-191 John Cassidy v. Massachusetts Massachusetts 2018-08-14 Denied Amici (1)Response Waived 2nd-amendment civil-rights due-process firearm-possession heller home-firearm-rights home-possession intermediate-scrutiny interstate-firearm-transfer mcdonald presumptively-lawful-restrictions scrutiny-standard second-amendment state-restrictions strict-scrutiny Private, in home possession of firearms and the 'core' of The Second Amendment's meaning post Heller and McDonald has been largely left open to the va…