Kirby Thomas West is an attorney at the Institute for Justice, where she litigates cases protecting First Amendment rights, educational choice, and property rights.
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.
Kirby also litigates property rights cases, particularly related to civil forfeiture. She is currently litigating two class-action lawsuits challenging forfeitures and impoundments of vehicles, in Detroit and Chicago, respectively.
Kirby’s First Amendment practice focuses primarily on First Amendment retaliation cases. She has active First Amendment retaliation cases in Wisconsin and 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
First Amendment | First Amendment Retaliation
Wayne County Seized His Car Without Evidence. When He Spoke Out, They Filed Criminal Charges to Silence Him. Now He is Fighting Back.
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
Armored Car Company Sues Federal Law Enforcement and a California Sheriff After Series of Illegal Roadside Seizures
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
Small Wisconsin Town Weaponizes Code Enforcement to Enrich a Private Law Firm and Target Its Critics
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
Grandparents Sue Granite State Over Unconstitutional Restriction on School Choice Program
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
Class Action Lawsuit Challenges Detroit’s Unconstitutional Civil Forfeiture Program
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
The Windy City tows the cars of innocent people and holds them for ransom
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 newspaper fights local district attorney to make forfeiture records public
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
Maine Families Fight for School Choice in U.S. Supreme Court Appeal
Video Interview with Attorney and Parent Supreme Court Decision School Choice Myths & Realities…
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
Mississippi Regulatory Board Sues Tech Entrepreneurs to Prevent Competition
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