The Liberty Justice Center has filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit, arguing that the Court should affirm dismissal of a lawsuit where the plaintiffs are asking federal courts to act beyond the scope of the judicial branch’s constitutionally delegated authority.
Jonathan R. v. Morrisey, a lawsuit filed in 2019, asks the federal court to step in to address shortcomings in West Virginia’s foster care system. Specifically, the lawsuit asks federal courts to engage in structural oversight over state agencies carrying out traditional state functions.
The district court dismissed the case in February, finding that the plaintiffs’ demands would require the court to essentially become the overseer of foster care in West Virginia. However, under the United States’ constitutional system, state governments must bear the responsibility for addressing those shortcomings. Following the district court’s dismissal, the plaintiffs appealed the case to the U.S. Court of Appeals for the Fourth Circuit.
The Liberty Justice Center filed an amicus brief supporting the district court’s dismissal on June 20, arguing that the separation of powers prohibits the judicial branch from making or enforcing such ongoing, structural policy changes.
“Judges are not policymakers. It’s a simple fact, but one that is essential to preserving the separation of powers and our constitutional rights,” said Reilly Stephens, Director of Amicus Practice at the Liberty Justice Center. “No matter how well-intentioned the injunction sought in this case may be, the court does not have the authority to grant it. For that reason, the court of appeals should affirm dismissal of this case.”
The Liberty Justice Center’s amicus brief in Jonathan R. v. Morrisey is available here. The Liberty Justice Center was represented for this brief by attorneys from Wiley Rein, LLP, and thanks the firm for their efforts.