Amicus Briefs
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Through its litigation initiatives, Legal Momentum has made historic and enduring contributions to the rights and opportunities available to women. This is often accomplished through participation in cases as amicus curiae ("friend of the court"). Amici are groups or individuals who are not parties to the case but have particular expertise in the issues at its heart. They bring their expertise to the court in the form of an amicus brief to inform the court’s deliberations. Each year Legal Momentum writes and joins numerous amicus briefs in cases dealing with issues central to our mission.
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Fairness in the Courts | Violence Against Women and GirlsAuthored Amicus Brief: Legal Momentum, the National Crime Victim Law Institute and pro bono counsel Covington & Burling, filed an amicus brief in the New York Supreme Court’s Appellate Division, First Department. This brief is in support of a sexual assault survivor and her right to anonymity in the civil court she brought a suit against her perpetrator in. This case invokes the New York Civil Rights Law § 50-b, which creates a statutory right for victims to file civil cases under a pseudonym by prohibiting the identification of victims in public documents.
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Fairness in the Courts | Violence Against Women and GirlsAuthored Amicus Brief: Regarding whether a survivor of domestic violence can proceed anonymously in litigation when they face a credible risk to their safety.
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Equal Educational OpportunitiesAuthored Amicus Brief: Legal Momentum and Morrison Foerster led an amicus brief, which several other organizations joined, filed December 8, 2020. The case involves a female student athlete who was removed from the soccer team and stripped of her scholarship after briefly flashing her middle finger in view of an ESPN camera after winning an important game. Despite evidence of numerous male student athlete comparators who received far less punishment, if punishment at all, for equal or more serious conduct, the District Court ruled in favor of the University on summary judgment. Our brief addressed the gender-based stereotypes that impact the treatment of female student athletes as compared to male student athletes, the fewer elite level athletic and athletic scholarship opportunities for female athletes and the impossibility of applying a standard such as that set out by the District Court’s ruling.
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Fairness in the Courts | Violence Against Women and GirlsSex-Based ClassificationJoined Amicus Brief: Concerning the enduring need for the Equal Rights Amendment (ERA) after being ratified by 3 states post- the 1982 "deadline."
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Human TraffickingChild Abuse | Racial JusticeAuthored Amicus Brief: Considers the applicability of a statutory defense for victims of sex trafficking in a case where a Wisconsin minor shot and killed her abuser/trafficker.
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Reproductive RightsAuthored Amicus Brief: Concerning the Alabama COVID-19 Executive Order severely restricting abortion access under the guise of restricting non-emergency medical services.
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Fairness in the Courts | Workplace Equality and Economic EmpowermentLGBTQ+ Rights | Sex-Based ClassificationJoined Amicus Brief: Regarding whether discrimination based on sexual orientation and gender identity violates Title VII's prohibition against sex discrimination.
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Fairness in the Courts | Violence Against Women and GirlsVAWA Civil Rights RemedyAuthored Amicus Brief: Concerning whether additional allegations are necessary to prove animus in alleged rape and sexual assault cases.
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Fairness in the Courts | Violence Against Women and GirlsChild AbuseJoined Amicus Brief: A pro se defendant’s right to self-representation in personally cross-examining a child victim who accused him of sexual violence.
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Equal Educational OpportunitiesLGBTQ+ RightsJoined Amicus Brief: Title IX and the Equal Protection Clause prohibit sex discrimination against transgender individuals based on nonconformity to gender stereotypes.
