On November 1, 2023, WLF filed an amicus brief urging the Supreme Court to hear an important federalism case. The Ninth Circuit rejected Epic’s argument that Apple’s policies requiring developers to sell apps only on the App Store and not to steer customers to outside payment processors violated the Sherman Act. But it affirmed a nationwide injunction for Apple’s allegedly violating California’s unfair competition law. As WLF’s brief shows, the Ninth Circuit opinion ignores federalism principles because it allows California laws to apply outside the State’s borders. The decision also violates separation-of-powers and vertical federalism principles because it permits one federal judge to make laws for almost two dozen States. TechFreedom joined WLF’s brief.
Documents
WLF amicus brief in support of certiorari