Over the course of the 2017-2020 terms, we filed over a dozen briefs in the Court, including representing the U.S. House of Representatives in supporting a challenge to the Commerce Department’s attempt to add a citizenship question to the census, and also in supporting a challenge to an executive memo calling for the apportionment of the House of Representatives to exclude undocumented immigrants. We represented 80 law enforcement officials in opposing the Trump Administration’s efforts to terminate the Deferred Action for Childhood Arrivals (DACA) program. And we participated in cases challenging capital punishment, juvenile life-without-parole sentencing practices, prosecutorial failure to comply with due process obligations, and FBI whistleblower retaliation.

In 2021, ICAP expanded its Supreme Court practice in response to the growing need for dedicated public interest litigators with specialized expertise in defending constitutional rights before the nation’s highest court. The practice is led by Supreme Court Director Kelsi Brown Corkran, who served as lead counsel in two of the most significant civil rights cases before the Supreme Court in the 2020 term: Torres v. Madrid, in which the Court reversed a lower court decision holding that the victim of a police shooting is deprived of protection under the Fourth Amendment if the police are not immediately successful in apprehending her, and Taylor v. Riojas, a challenge to inhumane prison conditions that marked the first time in 16 years that the Court denied qualified immunity to a government officer. Corkran previously led the Supreme Court Practice at Orrick Herrington & Sutcliffe and served as a law clerk to Justice Ruth Bader Ginsburg.

ICAP’s Supreme Court matters during the current term include representing the House Select Committee in its efforts to obtain Donald Trump’s records relating to the January 6th attack on the U.S. Capitol; a pending cert petition on behalf of a pre-trial detainee who was brutally attacked after guards ignored his pleas for help; defeating a cert petition seeking the Court’s review of a court of appeals’ decision applying a heightened standard of care for unaccompanied refugee children in government custody; an amicus brief on behalf of former national security officials supporting New York’s restrictions on publicly carrying concealed firearms; and an amicus brief on behalf of behalf of current and former prosecutors supporting a plaintiff’s right to bring a malicious prosecution claim after the underlying criminal case was dismissed before trial.

Our Work

  • 3/8/22 – Filed a reply brief in support of a petition for a writ of certiorari on behalf of a pre-trial detainee seeking to bring suit against the prison guards who ignored his pleas for help when he was brutally attacked in his cell
  • 2/15/22 – Filed a brief urging the Supreme Court to review a challenge to Texas’s improper use of solitary confinement
  • 12/30/21 – Filed briefs on behalf of the House Select Committee opposing Donald Trump’s application for a stay of mandate and injunction pending review and opposing Donald Trump’s request for Supreme Court review of his challenge to the release of Presidential records from the National Archives relating to the Committee’s investigation of the January 6th attack on the U.S. Capitol
  • 11/19/21 – Filed a petition for a writ of certiorari on behalf of a pre-trial detainee seeking to bring suit against the prison guards who ignored his pleas for help when he was brutally attacked in his cell
  • 10/29/21 – Filed a brief opposing a request for Supreme Court review of a court of appeals’ decision applying a heightened standard of care for unaccompanied refugee children in government custody
  • 9/21/21 – Filed a brief urging the Supreme Court to recognize the constitutionality of certain restrictions on firearms possession designed to protect national security and public safety
  • 6/11/21 – Filed a brief in the Supreme Court supporting a challenge to a rule applied in the majority of circuits that forecloses malicious prosecution claims where the plaintiff’s underlying criminal case was dismissed before trial without an “affirmative indication of innocence”
  • 1/4/21 – Filed a brief urging the Supreme Court to review a challenge to a rule applied in the majority of circuits that forecloses malicious prosecution claims where the plaintiff’s underlying criminal case was dismissed before trial without an “affirmative indication of innocence”
  • 11/16/20 – Filed a brief in the Supreme Court on behalf of the House of Representatives challenging an executive memo calling for the apportionment of the House of Representatives to exclude undocumented immigrants
  • 6/12/20 – Filed a a brief in the Supreme Court challenging Mississippi’s juvenile life without parole sentencing practices
  • 11/25/19 – Filed a reply brief in the Supreme Court in a challenge to the state of Arizona’s approach to imposing the death penalty
  • 10/3/19 – Filed a brief in the Supreme Court on behalf of 80 law enforcement officials in support of a challenge to DACA’s termination
  • 8/27/19 – Filed a brief in the Supreme Court challenging Virginia’s juvenile life without parole sentencing practices
  • 8/21/19 – Filed an opening brief in the Supreme Court in a challenge to the state of Arizona’s approach to imposing the death penalty
  • 4/1/19 – Filed a brief in the Supreme Court on behalf of the House of Representatives at the merit stage denouncing the Commerce Department’s attempt to add a citizenship question to the census
  • 2/11/19 – Filed a brief in the Supreme Court on behalf of the House of Representatives at the petition stage denouncing the Commerce Department’s attempt to add a citizenship question to the census
  • 9/14/18 – Filed a brief urging the Supreme Court to review the improper sentencing of a Mississippi juvenile to life without parole
  • 4/5/18 – Filed a brief urging the Supreme Court to review a Louisiana murder conviction after prosecutors failed to disclose key information
  • 3/8/18 – Filed a brief urging the Supreme Court to hear a major whistleblower case
  • 9/15/17 – Filed a brief on behalf of the Fair Punishment Project urging the Supreme Court to consider a constitutional challenge to capital punishment in light of the emerging national consensus against the death penalty