Bank of Amicus Briefs and Legal Documents
This page houses amicus briefs and is meant to be used as a guide for insight into state preemption topics. View all briefs.
Lewis v. Bentley: Amicus Brief by the NAACP and Campaign Legal Center
This amicus brief was submitted in support of NAACP’s appeal, arguing that the Federal Voting Rights Act allows minority voters to bring private enforcement actions against states.
Lewis v. Bentley: Amicus Brief by Partnership for Working Families & SPLC
This amicus brief was submitted in support of NAACP’s appeal, arguing that the Alabama state law preempting Birmingham’s minimum wage ordinance does violate the Equal Protection Clause of the U.S. Constitution.
Lewis v. Bentley: Amicus Brief by Mayors and Local Progress
This amicus brief submitted was in support of NAACP’s appeal, arguing that preemption of local minimum wage ordinances undermines the ability of policymakers to respond to local economic conditions, that such preemption disproportionately impacts African American workers, and that higher local minimum wages are a sound policy idea.
Florida Retail Federation v. Miami Beach: Amicus Brief by Legal Scholars
Amicus brief submitted in support of Miami Beach’s minimum wage ordinance, arguing that the Minimum Wage Amendment to the Florida Constitution explicitly preserved local power to adopt a higher minimum wage than the state’s.
Arkansas v. Fayetteville: Amicus Brief by the ACLU
This amicus brief was submitted in support of Fayetteville, arguing that the city’s antidiscrimination ordinance is not preempted by an Arkansas state law, and if it is, that the Arkansas state law violates the U.S. Constitution’s Equal Protection Clause. This case has been remanded to a lower court to determine whether the Arkansas state law violates the Equal Protection Clause.
Florida Carry, Inc. v. Tallahassee: Amicus Brief by the Florida League of Cities
Amicus brief submitted in support of the City of Tallahassee arguing that local legislators are absolutely immune from suit for their legislative activity under the Florida Constitution.
Florida Carry, Inc. v. Tallahassee: Amicus Brief by the Law Center to Prevent Gun Violence et al.
Amicus brief submitted in support of the City of Tallahassee arguing that local legislators are absolutely immune from suit for their legislative activity under the Florida and Federal Constitutions, and that punitive preemption provisions such as those found in Florida’s preemption law would have a chilling effect on legitimate legislative activity.
Kansas City v. Kansas City Board of Election Commissioners: Amicus Brief by Municipal and Labor Law Scholars et al.
Amicus Brief submitted in support of allowing a Kansas City, Missouri ballot proposal to raise the minimum wage to go forward, arguing that Kansas City has authority to set a higher wage than that state’s.