Last month, nine state Libertarian Parties filed an amicus curiae brief in the U.S. Supreme Court in a case involving the constitutionality of civil assert forfeiture in certain situations. The case is Barton v Securities & Exchange Commission, 25-465. The state parties are Idaho, Kentucky, Maine, Maryland, Mississippi, Nebraska, Oregon, Pennsylvania, and Tennessee.
Also the We the People Party of Pennsylvania signed on. Here is the amicus.
Excellent effort to preserve freedom from arbitrary government overreach. Kudos to the state Libertarian Parties and Timothy Barton. I hope they will be successful.
SUPREME COURT OF THE UNITED STATES
JOHN DOE v. DYNAMIC PHYSICAL
THERAPY, LLC, ET AL.
ON PETITION FOR WRIT OF CERTIORARI TO THE COURT
OF APPEAL OF LOUISIANA, FIRST CIRCUIT
No. 25–180. Decided December 8, 2025
PER CURIAM.
Louisiana immunizes healthcare providers from civil lia-
bility during public health emergencies. La. Rev. Stat. Ann.
§29:771(B)(2)(c)(i) (West 2022). Below, the Louisiana Court
of Appeal held that this state statute barred plaintiff’s fed-
eral claims. 2024–0723, pp. 11–12 (1 Cir. 12/27/24), 404
So. 3d 1008, 1017–1018, writ denied, 2025–00105 (La.
4/29/25), 407 So. 3d 623. That decision is incorrect. Defin-
ing the scope of liability under state law is the State’s pre-
rogative. But a State has no power to confer immunity from
federal causes of action. See, e.g., Howlett v. Rose, 496 U. S.
356, 383 (1990); Haywood v. Drown, 556 U. S. 729, 740
(2009); Williams v. Reed, 604 U. S. 168, 174 (2025). “[T]he
Judges in every State” are bound to follow federal law, “any
Thing in the Constitution or Laws of any state to the Con-
trary notwithstanding.” U. S. Const., Art. VI, cl. 2.
Plaintiff’s federal claims may well fail on other federal
grounds. Cf. Cummings v. Premier Rehab Keller, 596 U. S.
212, 222 (2022). But that is for the Louisiana courts to de-
cide in the first instance. The petition for certiorari is
granted, the judgment of the Louisiana Court of Appeal is
reversed, and the case is remanded for further proceedings
not inconsistent with this opinion.
It is so ordered.
—–
PUT THE LA MORON JUDGES IN A FED JAIL — TO STUDY THE USA CONST / LAWS AND SCOTUS OPS ???