Jonathan R. v. Morrisey

On June 20, 2025, the Liberty Justice Center 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, arguing that the separation of powers prohibits the judicial branch from making or enforcing such ongoing, structural policy changes.

The Liberty Justice Center’s amicus brief in Jonathan R. v. Morrisey was filed in the U.S. Court of Appeals for the Fourth Circuit. The Liberty Justice Center was represented for this brief by attorneys from Wiley Rein, LLP, and thanks the firm for their efforts.