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 CourtsRacial JusticeJoined Amicus Brief: Determined whether disparate impact regulations adopted by federal agencies to effectuate Title VI of the Civil Rights Act of 1964 are enforceable by private litigants in actions for declaratory and injunctive relief.
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Fairness in the Courts | Violence Against Women and GirlsInternational Human Rights | Domestic Violence and ChildrenAuthored Amicus Brief: Determined whether domestic violence can present a “grave risk” of harm to children within the meaning of the Hague Convention on the Civil Aspects of International Child Abduction.
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Fairness in the CourtsJoined Amicus Brief: Determined whether Section 5 of the Fourteenth Amendment allows states to be sued for violating the ADA and allows Congress to enforce the ADA against states.
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Workplace Equality and Economic EmpowermentLGBTQ+ RightsJoined Amicus Brief: Determined whether the Federal Arbitration Act permits employers to require employees to arbitrate employment discrimination claims.
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Fairness in the CourtsPublic Benefits and Poverty | Rights of Pregnant WomenJoined Amicus Brief: Concerned a federal habeas petition filed by a woman serving a five-year prison sentence for using crack cocaine when she was pregnant.
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Fairness in the CourtsPublic Benefits and Poverty | Rights of Pregnant WomenAuthored Amicus Brief: Determined the Constitutionality of a South Carolina policy that allowed warrantless and nonconsensual drug testing of women seeking prenatal treatment at a Charleston public hospital.
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Fairness in the CourtsJoined Amicus Brief: Determined the constitutionality of a restriction imposed by Congress and the Legal Services Corporation (LSC) on the professional activities of groups that receive LSC funding.
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Reproductive Rights | Anti-Choice ViolenceAuthored Amicus Brief: Determined the Constitutionality under the First Amendment of a Massachusetts state law that protected persons near reproductive health care facilities from unwanted approaches closer than six feet.
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Reproductive Rights | Parental RightsAuthored Amicus Brief: Determined whether it is constitutional to impose a requirement that an individual not procreate as a condition of probation, where violation of the condition would subject the person to imprisonment.
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Reproductive Rights | Public Benefits and PovertyAuthored Amicus Brief: Determined the constitutionality of a state regulation that denied Medicaid coverage of medically necessary or therapeutic abortions except in cases where the pregnancy was life threatening or resulted from rape or incest.
