The Institute for Justice fights to end government abuses of power and defends constitutional rights, empowering Americans to pursue their dreams. To end these abuses, IJ challenges the government at all legal levels, including the U.S. Supreme Court, where it has argued 13 cases spanning property rights, educational choice, economic liberty, and free speech. By winning at the highest court, IJ aims to create broad, positive impacts for all Americans.
13
Cases Litigated at the Supreme Court
6wins in6years
IJ has won a total of 10 cases before the court, with six wins in the last six years.
1out of5
IJ's petitions to the Supreme Court are granted at a rate substantially above the national average, on par with the most respected members of the Supreme Court bar.
Currently at the Court
Pending Cert Petitions
Impact

Timbs v. Indiana
There ARE Limits: IJ Takes Excessive Fines Case to the U.S. Supreme Court
- In the aftermath of IJ’s landmark win in Timbs v. Indiana, the courts of 19 states have expressly acknowledged that their states are bound by the Excessive Fines Clause. While there is still plenty of work to do in developing caselaw under the Clause, the fact that the Excessive Fines Clause applies to the states gives advocates two court systems—state and federal—in which they can raise Excessive Fines Clause claims.
- IJ’s multiple trips to the Indiana Supreme Court in State v. Timbs produced the most rigorous excessive fines clause analysis by any court to date. While other state courts have yet to adopt the reasoning of the Indiana Supreme Court in their own interpretation of the Excessive Fines Clause or their state constitutional counterparts, the opinion will serve as a guide for litigants and courts as the law develops.

Carson v. Makin
Maine Families Fight for School Choice in U.S. Supreme Court Appeal
- Carson v. Makin marked the culmination of IJ’s decades-long effort to establish the clear and unambiguous constitutionality of school choice programs nationwide.
- The decision ensured that religious options cannot be excluded from school choice programs, clearing the way for the expansion of educational freedom across the country.
- As a result of IJ’s Supreme Court victories—including Carson—more than 5.3 million scholarships have been dispensed to students, and Carson helped pave the way for four universal choice programs enacted in 2025 alone.

Tennessee Wine and Spirits Retailers Association v. Thomas
Can States Bar Newcomers from Owning a Business?
- Thanks to our win in Tennessee Wine and Spirits Retailers Association v. Thomas, Tennessee no longer requires residency as a condition for a liquor license.
- Since then six other states have amended their laws to remove their durational residency requirements: Indiana, Kansas, Kentucky, Louisiana, Maryland, and Virginia.
Our Supreme Court Cases

Immunity and Accountability | SWAT Destruction
Martin v. United States
FBI agents raided the wrong home in suburban Atlanta. Now the federal government refuses to compensate the victims even though Congress passed a law permitting suits for damages caused by federal employees.

Immunity and Accountability | Private Property
DeVillier v. Texas
Supreme Court Argument Victory! On April 16th, the Supreme Court vacated the Fifth Circuit decision and ruled the Devillier family can sue Texas for flooding caused by the state. Resources Brief for Petitioners…

First Amendment | First Amendment Retaliation | Immunity and Accountability
Gonzalez v. Trevino
After she won her election to city council, Sylvia Gonzalez immediately began getting harassed by city officials whom she had criticized in the past. It got so bad she was even arrested and thrown in…

Immunity and Accountability | Private Property
King v. Brownback
Brownback v. King is IJ’s first Immunity and Accountability case that was argued before the United States Supreme Court. It involves James King, an innocent college student who was brutally beaten and choked unconscious by…

Tennessee Wine and Spirits Retailers Association v. Thomas
A Tennessee law required that in order to open a liquor store, one must be a Tennessee resident for two years. With help from IJ, Doug and Mary Ketchum challenged this law, bringing it all…

Educational Choice | Publicly Funded Scholarships
Carson v. Makin
Video Interview with Attorney and Parent Supreme Court Decision School Choice Myths & Realities…

Civil Forfeiture | Private Property
Timbs v. Indiana
U.S. Supreme Court Opinon Final Victory for Tyson Timbs Case Video…

Educational Choice | Tax Credit Scholarships
Espinoza v. Montana Department of Revenue
On June 30, 2020, the U.S. Supreme Court decided one of the most important education reform cases in the past half-century. This landmark case held that the U.S. Constitution does not allow states to discriminate…

First Amendment | Political Speech
Arizona Campaign Finance (Second Challenge)
U.S. Supreme Court Opinion U.S. Supreme Court Strikes Down Arizona’s “Clean Elections” IJ’s Political Speech Cases…

Eminent Domain | Private Property
Kelo Eminent Domain
Film: Little Pink House State Reactions to Kelo Homeowners Lose Eminent Domain Case U.S. Supreme…

Educational Choice | Tax Credit Scholarships
Arizona Individual Tax Credit Scholarships (Federal)
U.S. Supreme Court Opinion U.S. Supreme Court Dismisses Legal Challenge to Arizona Scho IJ’s Educational Choice Cases…

Economic Liberty | Food Freedom | Wine
New York Wine
U.S. Supreme Court Opinion Victory for Vintners In Wine Wars! IJ’s Food Freedom Initiative…

Educational Choice | Publicly Funded Scholarships
Cleveland, Ohio, School Choice (Federal Case)
U.S. Supreme Court Opinion Victory for School Choice Cleveland, Ohio, School Choice (State Case)…