Diamond Alternative Energy v. Environmental Protection Agency
Description: Gasoline producers are appealing a lower court decision that denies their ability to challenge government action.
Pro-life churches ask SCOTUS to defend right to challenge gov't action
The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch regarding a friend-of-the-court brief ADF attorneys filed Friday with the U.S. Supreme Court in Diamond Alternative Energy v. Environmental Protection Agency, in which gasoline producers and others are appealing a lower court decision that denies their ability to challenge government action. ADF filed the brief on behalf of Foothill Church in California and Cedar Park Assembly of God in Washington, two churches that challenged state laws that forced health insurance providers to insert abortion coverage into the churches’ health plans in violation of their religious beliefs:
“Our government operates by the people and for the people, and government officials should not be allowed to insulate their actions from judicial review. The lower court decision in this case creates a nearly insurmountable barrier to courtroom access that is inconsistent with the U.S. Constitution. Our clients, Foothills Church and Cedar Park Assemblies of God, sought justice for years after state officials forced the churches to include abortion coverage in their employee health plans. When challenged, the state officials attempted to dodge responsibility. We are urging the U.S. Supreme Court to reverse the lower court’s decision and allow citizens to challenge illegal government action.”
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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ABOUT John Bursch
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.