Wiley Represents Constitutional Law Scholars in Amicus Brief in Appeal Addressing State Statute

August 25, 2022

Wiley filed an amicus brief on behalf of eleven prominent constitutional law professors in support of a federal district court’s conclusion that key provisions of anti-immigration legislation enacted by the State of Florida are unconstitutional.

Filed in City of South Miami v. Florida in the U.S. Court of Appeals for the Eleventh Circuit, the amicus brief supports the district court’s findings and conclusions—reached after a six-day bench trial—that the enactment of Florida Senate Bill No. 168 was motivated by impermissible racial animus in violation of the Fourteenth Amendment to the U.S. Constitution. The brief shows that the arguments advanced by the State on appeal are inconsistent with the analytical framework established by the U.S. Supreme Court in Village of Arlington Heights v. Metropolitan Housing Development Corporation and would, if adopted, prevent the Fourteenth Amendment from protecting individuals from racially-discriminatory legislation.

The amicus brief was authored by Wiley Pro Bono partner Theodore Howard and associates Lukman Azeez, Boyd Garriott, Nicole Hager, Nicholas Peterson, and Lisa Rechden with support from Project Assistant Stacy Omosa, and Senior Legal Assistant Darlene Hayes.

A copy of the amicus brief can be found here.