On January 16, 2024, the Supreme Court declined to hear an important federalism case. This was a disappointment for WLF, which filed an amicus brief supporting Apple’s certiorari petition. The Ninth Circuit affirmed a nationwide injunction for Apple’s allegedly violating California’s unfair competition law. WLF’s brief showed that the Ninth Circuit opinion ignored federalism principles because it allows California laws to apply outside the State’s borders. The decision also violated separation-of-powers and vertical federalism principles because it permits one federal judge to make laws for almost two dozen States. TechFreedom joined WLF’s brief.
Documents
WLF amicus brief in support of certiorari