Dear Friend of the Alabama Policy Institute,

It is my pleasure to announce the launch of the Alabama Policy Institute’s litigation arm, the Alabama Center for Law and Liberty. The ACLL will carry on API’s mission of defending limited government, free markets, and strong families, in order that Alabama can be an outpost of freedom in the United States. The need to fight for these objectives in the courtroom is dire. On the federal level, liberals control both political branches, issuing executive orders and proposing radical legislation that would trample our constitutional rights. On the state level, the executive branch has usurped the role of the legislature, continuing to make all the decisions about how the State responds to COVID-19 while mockingly referring to the legislature as a “herd of turtles.” And finally, on the local level, some Alabama cities are trying to force Christian small business owners to choose between their jobs and their faith, which is exactly what the Free Exercise Clause was meant to prevent.

The ACLL is not content to let the government get away with this. On the contrary, as Alabamians, “We dare defend our rights.” Consequently, the ACLL has already identified specific targets that it wants to attack in fighting for limited government, free markets, and strong families. I will briefly discuss some of them below, and I ask you to consider giving to support our cause.

1. Limited Government. As discussed above, one of our biggest concerns is Governor Ivey’s continued usurpation of legislative power in addressing the COVID-19 pandemic. It is well past time for her to call on the legislature to decide how to deal with COVID-19. We will be searching for a plaintiff and crafting a lawsuit that can survive a standing challenge and make the courts address the issue of whether the Governor has violated the separation of powers doctrine or not.

The ACLL also wants to fight for limited government in other ways. For instance, as the COVID-19 crisis abates, local governments could impose COVID rules that are unconstitutionally arbitrary. On the religious-freedom front, two Alabama cities have also passed SOGI (sexual orientation and gender identity) ordinances that would punish Christian small business owners who want to operate their businesses in accordance with the dictates of their conscience. We are also concerned about the state and federal government’s practice of civil asset forfeiture, which can violate the Eighth Amendment’s prohibition of excessive fines. Finally, the federal government is considering legislation that would infringe on our constitutional rights if passed. The good news is that constitutional challenges can be brought to all of the foregoing, and the ACLL will stand ready to mount those challenges when the opportunities present themselves.

2. Free Markets. The market functions best with minimal government intrusion. While the Constitution leaves economic policy largely to the political branches of government, there are certain things that the ACLL can do to fight for free markets in the courts. For instance, the ACLL will be reviewing Alabama’s business licensing schemes and looking for opportunities to attack unconstitutionally arbitrary licensing requirements that keep hard-working people out of business. Likewise, if COVID-19 should flare up again and lead to more government-imposed shutdowns of small businesses, the ACLL will stand ready to hold the government’s feet to the fire and fight off any attempt to impose rules that fall outside the realm of reason. Finally, we believe the Supreme Court may be open to restoring the Commerce Clause and the General Welfare Clause of the Constitution to their original meanings. If we have the chance to bring such a suit and succeed, then many of the federal government’s job-killing regulations will collapse.

3. Strong Families. Finally, the federal judiciary has misused the Fourteenth Amendment to invent new “rights” that destroy the family. For instance, the Court invented a “right” to kill an unborn human being in Roe v. Wade. A case challenging Roe is already in the federal courts in Alabama, and the ACLL plans on providing amicus curiae support to the State as it seeks to end Roe’s reign of terror. Some federal courts are also deconstructing biological sex. For instance, a federal court in Montgomery recently held that it is unconstitutional to require transgender people to put their biological sex on their driver’s licenses. That case is on appeal, and the ACLL plans on providing amicus curiae support to the State in an effort to restore sanity to the courts. Finally, the Alabama legislature is considering a bill that would ban men from competing in women’s sports. If signed into law, we expect liberal groups like the ACLU to challenge it at once. If this happens, then the ACLL plans on provide amicus curiae support to the State once again as it fights to ensure safety and fairness for women and girls in our state.

We are excited at the opportunity to fight for conservative values in the courts. There is plenty of opportunity to ensure that Alabama remains an outpost of freedom in this country, but we can only take those opportunities with your help. Will you please consider supporting our work with a tax-deductible donation today?

Thank you for your support. We are incredibly grateful for you, and we look forward to reporting soon not just on our opportunities but on our accomplishments, which were made possible by you.

Sincerely,

Matthew Clark
Executive Director, Alabama Center for Law and Liberty