The courts remain a critical venue in which constitutional claims can be vindicated, and ICAP uses that venue by bringing its own constitutional challenges, working with partners to do so, filing amicus briefs, and supporting others’ efforts to litigate on behalf of constitutional rights and values.
See below for our annual report and latest work, and check out the sidebar to the right for all of our work in ICAP's six priority areas.
See our 2019 Annual Report to see a snapshot of what we accomplished in our second year.
See our 2018 Annual Report to see a snapshot of what we accomplished in our first year.
- Filed a brief in the First Circuit arguing on the proper framework for assessing the scope of First Amendment protection for the act of recording a government official’s public conduct
- File a brief in the Supreme Court on behalf of 80 law enforcement officials in support of a challenge to DACA’s termination
- Obtained a judicial decision invalidating the Baltimore City Circuit Court’s blanket restriction on access to court audio recordings
- Filed a complaint and motion for preliminary injunction to keep a new Diversity Visa Program rule from going into effect
- Filed a complaint and motion for preliminary injunction to stop a new Department of Homeland Security public charge rule from going into effect
- Sent a letter to the Texas Court of Appeals on behalf of journalists denied the opportunity to broadcast oral argument in an appeal of a controversial five-year prison sentence for unlawful voting.
- Filed a brief in the Supreme Court challenging Virginia’s juvenile life without parole sentencing practices
- Filed a lawsuit and motion for preliminary injunction or, in the alternative, partial summary judgment to compel the former White House Counsel to appear before the House Judiciary Committee and testify on matters and information discussed in the Special Counsel’s Report
- Filed a brief in the Supreme Court challenging Arizona’s approach to imposing the death penalty
- Filed an opposition to defendants’ motion to dismiss in our suit seeking to require the Baltimore City Circuit Court to comply with a Maryland law that guarantees public access to court audio recordings
- Filed an opposition to defendants’ motion to dismiss in our suit challenging a Maryland ban on broadcasting criminal court proceedings
- Filed a lawsuit challenging a Pennsylvania ban on recording bail hearing proceedings
- Published an op-ed calling for a sustained fight against efforts to suppress the count of vulnerable communities in the 2020 census, even after the conclusion of a protracted legal battle
- Filed, on behalf of a group of prosecutors, a brief in the Fifth Circuit decrying prosecutorial misconduct
- Published an op-ed highlighting how federal law prohibits private militias from assuming the duty of Border Patrol officers
- Filed a brief in the Eighth Circuit seeking to maintain a preliminary injunction halting the city of St. Louis, Missouri’s wealth-based approach to pretrial detention
- Filed, on behalf of a journalist, a mandamus suit and summary judgment motion to require the Baltimore City Circuit Court to comply with a Maryland law that guarantees public access to court audio recordings
- Filed an amended complaint challenging as a First Amendment violation an Arkansas city police department’s removal of critical posts on its Facebook page
- Filed and defended, on behalf of the U.S. House of Representatives, a motion to intervene to defend the constitutionality of a federal law criminalizing female genital mutilation
- Published an op-ed questioning whether the legitimacy of the Supreme Court will survive once it decides a case concerning the addition of a citizenship question to the census, after evidence surfaced showing the rationale for adding the question to be a deliberate pretext
- Filed a lawsuit challenging a Maryland ban on broadcasting criminal court proceedings
- Filed a brief in the Ninth Circuit on behalf of law enforcement officials in support of California’s challenge to the Justice Department’s anti-sanctuary cities policies
- Filed a petition asking the Utah Supreme Court to review a decision that precludes tort victims from seeking compensation for injuries arising out of religiously motivated conduct
- Sent a letter to the Prince George’s County Circuit Court on behalf of a community organizer and nonprofit organization asserting their right to broadcast publicly available court recordings
- Filed a brief explaining how Virginia’s monuments law distorts government-speech doctrine and severely undermines local democracy by forcing cities to express unwanted messages in perpetuity
- Filed a brief on behalf of national security professionals noting the persistence and escalation of foreign interference in U.S. elections and spotlighting the particular vulnerability of South Carolina’s election infrastructure
- Filed a brief explaining why an Arkansas law violates the First Amendment by prohibiting the practice of consumer boycotts of Israel by any company or person who contracts with the state
- Sent letters to the Baltimore City Circuit Court on behalf of independent journalists and nonprofit organizations asserting their right to broadcast publicly available court recordings
- Filed briefs in support of a class-wide preliminary injunction and class certification in our suit challenging the city of St. Louis, Missouri’s wealth-based approach to pretrial detention
- Filed a merits-stage brief in the Supreme Court on behalf of the House of Representatives denouncing the Commerce Department’s attempt to add a citizenship question to the census
- Filed briefs in response to motions to dismiss from City of St. Louis officials and judges in our challenge to the city’s wealth-based approach to pretrial detention