Kirby Thomas West is a senior attorney at the Institute for Justice and the co-director of IJ’s National Initiative to End Forfeiture Abuse. She litigates cases protecting property rights, First Amendment rights, and educational choice.
Kirby’s property rights practice focuses on civil forfeiture. She is currently the lead attorney in IJ’s class-action challenge to the unconstitutional vehicle forfeiture program in Wayne County, Michigan. She has testified about forfeiture abuse before the U.S. House of Representatives.
Kirby has litigated educational choice cases in state and federal court, including the United States Supreme Court, where she was a member of the IJ team that won the landmark 2022 ruling in Carson v. Makin. She is currently the lead attorney in IJ’s case defending an educational choice program in Alaska.
Kirby’s First Amendment practice focuses primarily on First Amendment retaliation cases. She achieved a favorable settlement for clients in a retaliation case in Wisconsin, including serious reforms to the town’s code enforcement policies. She has an active First Amendment retaliation case in Michigan.
Kirby received her law degree with honors from Harvard Law School in 2015. While in law school, she served as Articles Editor for the Harvard Journal of Law and Public Policy. She graduated, magna cum laude, from Bucknell University in 2012 with a BA in English and Political Science.
Before joining IJ, Kirby was a litigation associate at Baker Botts, LLP. She clerked for Judge Dennis Shedd of the U.S. Court of Appeals for the Fourth Circuit.
Kirby's Cases
4th Amendment Project | Open Fields Doctrine | Private Property
Pennsylvania Fish Cops
Tim and Stephanie Thomas purchased their cabin on Butler Lake in Susquehanna, Pennsylvania, in 2014. In 2022, after Stephanie was diagnosed with stage four cancer, it also became a sanctuary for her to rest and…
First Amendment | First Amendment Retaliation | Immunity and Accountability
Detroit Retaliation
Four years ago, Robert Reeves’ car was seized by police in Detroit using civil forfeiture. Although he was never charged with a crime, police attempted to use civil forfeiture to seize and keep Robert’s 1991…
Educational Choice | Publicly Funded Scholarships
Alaska School Choice
As a sparsely populated state, Alaska faces unique challenges in ensuring that all children can receive an education. To address this concern, the state created “correspondence programs,” in which a student’s public school used the…
Civil Forfeiture | Private Property
Empyreal Forfeiture
An armored car company sued after a California sheriff teamed up with federal law enforcement to take proceeds from legal cannabis businesses.
First Amendment | First Amendment Retaliation | Private Property
Eagle, WI Fines and Fees
The town of Eagle, WI works with a private law firm to punish residents who speak out against town officials by hitting them with excessive fines and fees through the code enforcement process. Victims of…
Educational Choice | Publicly Funded Scholarships
New Hampshire Town Tuitioning
The town of Croydon, New Hampshire does not operate a middle school and instead pays students’ tuition at nearby public or private schools. But a New Hampshire law prevented Croydon families from spending the money…
4th Amendment Project | Civil Forfeiture | Private Property
Detroit Civil Forfeiture
For decades, residents of Detroit and Wayne County, Michigan have lived under constant threat of having their cars taken away and ransomed back to them for $1,000 or more—that is, if the car is ever…
4th Amendment Project | Fines and Fees | Private Property
Chicago Impound
Chicago is towing the cars of innocent people and holding them for ransom. Victims of this unjust system are taking a stand, with IJ’s help, and calling for an end to this impound racket.
Civil Forfeiture | Private Property
Pennsylvania Forfeiture FOIA
Americans have a right to know details about misdeeds being committed by their government. LancasterOnline, a publication in Lancaster, Pennsylvania, worked with IJ to ensure citizens have access to information about what police are taking…
Educational Choice | Publicly Funded Scholarships
Carson v. Makin
Video Interview with Attorney and Parent Supreme Court Decision School Choice Myths & Realities…
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
Mississippi Mapping
An overly-broad statute defined a small mapping company in Mississippi as an “unlicensed surveying” company. This statute would have shut down Vizaline, but with help from IJ, Vizaline fought back to protect its First Amendment…
Kirby's Amicus Briefs
Pennsylvania v. Thiam
Kirby's News, Articles & Publications
Kirby's Hearings
Alaska School Choice Oral Argument
On June 27, 2024, the Alaska Supreme Court heard oral arguments in a lawsuit that seeks to strike down the state’s popular correspondence school program, through which families can receive compensation for educational expenses, including sending their kids to non-public schools. IJ Attorney Kirby Thomas West argued in defense of… Read More
Kirby's Podcasts
June 05, 2026
SEIZED CASH: Americans Struggle to Get Property Back
In America, police and prosecutors can take your cash, your car, or even your home through a legal process called civil forfeiture—without convicting or even […]
Listen NowApril 30, 2026
Unpublished Opinions 24 | What If It’s Not Peyote?
John Wrench is joined by Sam Gedge and Kirby West for a session of hot takes, hard questions, and changed minds. The trio challenge received […]
Listen NowFebruary 03, 2026
Unpublished Opinions 22 | The Lorax Doctrine
John Wrench welcomes Josh Windham and Kirby Thomas West for a gameshow episode that proves Schiller’s insight that one becomes fully human through play. A […]
Listen NowJanuary 23, 2026
Short Circuit 412 | “Nothing to see here”
Lovers of municipal crime and corruption—and internal affairs departments not doing their jobs—may enjoy the stories this week from Detroit and Baltimore. First, Kirby Thomas […]
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