Amicus Brief: YU Pride Alliance, et al. v. Yeshiva University and President Ari Berman

AMICUS BRIEF SUMMARY

NCLA filed an amicus brief in support of Yeshiva University’s Supreme Court application seeking an emergency stay pending appeal of a court order to “immediately” approve an official “Pride Alliance” student club. NCLA argued that the constitutional harms stemming from the injunction were substantial and could continue possibly for years with case proceedings. The denial of one’s First Amendment rights, even for short periods, constitutes irreparable harm and necessitates correction by the courts.

In this case, the highest state appellate court denied a party’s request for leave to appeal the denial of a stay of such an injunction, and thus, as NCLA argued, the Supreme Court had jurisdiction under its 28 U.S.C. § 1257 precedents, the All Writs Act, 28 U.S.C. § 1651, and 28 U.S.C. § 2101. Because Yeshiva University’s First Amendment claims had been conclusively adjudicated (and improperly rejected) by New York courts, and because a proper resolution of these claims would fully resolve this matter, the Supreme Court had jurisdiction to entertain an application for stay or, in the alternative, a petition for certiorari and should have exercised that jurisdiction to prevent irreparable and gratuitous injury to Yeshiva University’s constitutional rights.