Boyden Gray PLLC welcomes the Fifth Circuit’s recent decision in Apter v. Dep't of HHS. The firm represents the physicians in this case, seeking to hold the FDA accountable for its illegal crusade against the off-label use of ivermectin to treat or prevent COVID-19.
Boyden Gray PLLC helps secure landmark win for doctors as FDA agrees to delete its most viral social media campaign of all time, including the infamous “You are not a horse” tweet and similar posts.
We are profoundly saddened to announce the passing of our beloved founding partner C. Boyden Gray. We will honor his legacy by carrying on his fight for the foundational principles of American freedom. Thank you for the outpouring of support and prayers during this difficult time
W/
@America1stLegal
, we filed a brief in SCOTUS on behalf of
@tedcruz
,
@SteveScalise
& 177 members of Congress. CO's decision interfered with Congress’s prerogatives under the 14th Amendment & it will lead to widespread de-balloting of political opponents.
$Tesla shareholders are voting this week on moving the company’s state of incorporation from Delaware to Texas.
BG is proud to represent
@NateAFischer
in his notice of exempt solicitation urging shareholders to approve the reincorporation.
It is imperative that companies—especially those likely to be political targets—incorporate in states committed to the rule of law.
For this reason, $TSLA shareholders should support
@Tesla
's move to Texas.
“This case has broad implications for protecting the practice of medicine from unlawful interference by the FDA,” said Jared Kelson, Counsel at Boyden Gray. “It’s about ensuring that federal agencies act only within their statutory authority. The FDA crossed a bright line here.”
Our entire system of corporate law and securities regulation is a farce, designed to provide a fig leaf of shareholder input to mask the empowerment of left wing investors and bureaucrats.
Boyden Gray and
@America1stLegal
filed an investor lawsuit against Target Corporation and its Board of Directors for misleading investors about its ESG and DEI mandates and its 2023 “Pride Month” campaign, costing investors billions.
/1🚨BREAKING — we filed a shareholder lawsuit against
@Target
in federal court over its misleading statements to shareholders about monitoring political/social risks, resulting in a $12B loss due to its recent promotion of queer/transgender propaganda to children.
Keep reading:
Boyden Gray PLLC continues to partner with
@America1stLegal
to hold Target Corp & its Board of Directors accountable for misleading investors about its ESG & DEI mandates & 2023 "Pride Month" campaign, costing investors billions. Four new plaintiffs have now joined the complaint.
Today, we filed a reply brief in our Fifth Circuit case seeking to hold the SEC accountable for helping woke companies engage in viewpoint discrimination. We explain why the Court should reject the SEC’s attempts to avoid impartial judicial scrutiny.
ICYMI — We’re serving as co-counsel in a lawsuit against the SEC for allowing Kroger to adopt DEI and gender policies while unlawfully ignoring shareholders’ requests to protect against ideological discrimination.
During a recent
@FoxNews
segment,
@seanhannity
highlighted a
@WSJ
oped by Partner Michael Buschbacher and Research Fellow Taylor Myers that shows electric cars emit more particulate pollution: "This might be my favorite story of the week."
We are honored to work w/
@America1stLegal
to fight the insider process that lets corporations block shareholder requests to protect against ideological discrimination.
Read more about our work on behalf of
@NationalCenter
:
Boyden Gray PLLC is pleased to represent Liberty Energy in the first lawsuit against the SEC's new 886-page climate rule, which drastically exceeds the SEC’s authority. We have already asked the Fifth Circuit to immediately stay the rule.
Boyden Gray is pleased that the Fifth Circuit granted the firm’s request for an administrative stay of the SEC’s new climate rule. We look forward to continuing our fight against this rule in court.
Boyden Gray: If Democratic senators cannot figure out what kind of justice Kavanaugh will be from 300+ judicial opinions + legal scholarship and White House Counsel emails, another truckload of irrelevant Oval Office paperwork will not make it any easier.
Managing Partner Jonathan Berry on unlawful race-based hiring, via the
@FreeBeacon
: "It’s been surreal to see law firms encouraging clients to pursue these policies, often in what seems like open defiance of the Civil Rights Act."
C. Boyden Gray was a dear friend and mentor, a devoted father and grandfather, and a man of the very highest character. We will proudly carry on Boyden’s unique vision and ensure America remains a shining beacon of freedom.
... and recognizes the Sabbath as "a day of rest" enabling "families and communities" to either be paid extra for Sabbath work or be able to "enjoy time off together."
Managing Partner Jonathan Berry spoke recently with
@USATODAY
about rolling back Biden Administration policies that flatten the human person into identity politics categories through unlawful DEI initiatives.
Managing Partner Jonathan Berry recently participated in the Federalist Society’s Freedom of Thought Conference. As corporate executives work to build woke fiefdoms, Berry discussed the role of state lawmakers in balancing state power & corporate power. 📷
@FedSoc
Boyden Gray PLLC is pleased to represent Liberty Energy in the first lawsuit against the SEC's new 886-page climate rule, which drastically exceeds the SEC’s authority. The firm has already asked the Fifth Circuit to immediately stay the rule.
In the
@WSJ
, Boyden Gray PLLC Partner Michael Buschbacher and Counsel James Conde argue that an Energy Department rule lets automakers exaggerate the efficiency of electric cars nearly sevenfold – netting compliance credits that can be traded for cash.
Fischer argues: “The reality is that Tesla has become a target of partisan lawfare today because many left-wing activists view
@elonmusk
as a threat to their censorious regime”
Texas is “aligned with achieving Tesla’s innovative mission” and “recognize[s] the value of business
Managing Partner Jonathan Berry & Research Fellow Caleb Orr contributed to “Rebuilding American Capitalism: A Handbook for Conservative Policymakers,” a new playbook from
@AmerCompass
.
The SEC's meddling in America's culture wars is just the start. This opinion piece in
@wsj
highlights Boyden Gray's lawsuit on behalf of the
@NationalCenter
against the SEC — seeking to hold the agency accountable for helping Kroger engage in viewpoint discrimination.
The SEC’s transformation into a tool for cultural conflict marks a departure from its original mission. Hopefully, the courts can put things back in working order, writes J.W. Verret
C. Boyden Gray joined Fox News’s
@TuckerCarlson
on Tuesday night to discuss the tax-exempt status of Media Matters of America and its crusade against the
@FoxNews
Network.
.
@ElonMusk
shared our
@WSJ
op-ed written by Managing Partner Jonathan Berry and former U.S. Attorney General Bill Barr. More people are noticing the challenges with Delaware’s corporate-law system.
Read the full piece here:
Ambassador C. Boyden Gray--lawyer, diplomat, former White House counsel, and Resources for the Future (RFF) board member--recently spoke with Resources magazine about his love of the outdoors, how nonpartisan analysis helps policymakers, and more. Enjoy!
As mentioned in today's
@playbookdc
, the firm is pleased to announce that it will now operate as Boyden Gray PLLC — continuing Ambassador C. Boyden Gray's legacy of protecting American self-government.
Boyden Gray PLLC Partner Michael Buschbacher and research fellow Taylor Myers co-authored a
@WSJ
opinion piece arguing that California’s push to ban gasoline cars would do little to reduce particulate emissions, and it could even increase them.
Buschbacher and Myers contend: “California calls electric cars ‘zero emissions vehicles’ because they don’t have tailpipes. That is deceptive.” Learn more:
"ESG company ratings often measure abstract woke goals that have no rational connection to companies' actual businesses," - Managing Partner Jonathan Berry on the arbitrary nature of ESG reports & their real-world impact in the private sector.
Read more:
The Fifth Circuit is set to hear arguments regarding
@Nasdaq
's discriminatory board diversity quotas. Managing Partner Jonathan Berry told
@andrewramonas
/
@Blaw
to listen for mentions of the Harvard case.
“It underscores the ongoing controversy over affirmative action."
Nasdaq regulations intended to encourage racial and gender diversity on company boards will face their biggest hurdle to date, as the right-leaning Fifth Circuit reconsiders the rules’ legality.
@USDOT
@WSJ
Buschbacher and Conde pointed out the most egregious admission in the assessment.
While the watchword may be “climate change,” the "environmental assessment estimates that in 2060 the proposal would reduce average global temperatures by 0.000” degrees Celsius.
Boyden Gray PLLC welcomes the Court's decision to grant our petition for rehearing and to discard its disappointing prior opinion. The Fifth Amendment is extremely clear on the status of discrimination based on race and gender.
“[T]he behaviors that characterize “woke capitalism” evidence how companies have come to view it as their proper role to counteract states’—and, to be clear, specifically red states’—political judgments in realms far beyond their business” Berry explained.
Berry writes: “As conservatives grapple with the ways the economy has failed families in recent decades and build a broader coalition that draws heavily on the working class, they must remember how to speak to Americans directly as workers.”
AG Yost has selected an “appellate ace” to serve as Ohio’s 11th Solicitor General, the state’s lead attorney for appeals in state and federal courts.
Details:
Boyden Gray PLLC Partner
@TrentMcCotter
is participating in a
@FedSoc
panel to discuss “Navigating the Capital Adequacy Rule: Legal and Policy Perspectives.” Click this link to livestream the event:
In an exciting development for our clients & our firm, the U.S. Court of Appeals for the Fifth Circuit recently granted en banc review in
@ConsumersFirst
v. FCC. This is part of our continued fight ensuring the federal government respects the Constitution’s separation of powers.
SEC Commissioner Peirce filed a dissenting opinion on the final beneficial ownership reporting rule, citing Congressional testimony by Managing Partner Jonathan Berry about “Reforming the Proxy Process to Safeguard Investor Interests.”
Boyden Gray PLLC Managing Partner Jonathan Berry and G. Roger King, Senior Labor and Employment Counsel for the HR Policy Association, called on the EEOC to remove barriers that make it harder for job applicants without a college degree to get hired.
Orr argues financialization “empowers agents outside of corporations, whether Wall Street financial managers or ESG political activists, to control the nation’s vital economic resources” & calls for “flesh-and-blood corporate governance that drives real capital investment.”
Partner Trent McCotter and Counsel Jared Kelson at Boyden Gray have advised
@AHCA_FL
on obtaining approval of this SIP Proposal and represent the agency in ongoing legal proceedings against the FDA for its years-long delay in issuing a decision in this matter. (2/3)
With
@ConsumersFirst
, Boyden Gray PLLC has asked the Supreme Court to review the constitutionality of the FCC’s Universal Service Fund, which vacuums $9 billion/yr from consumers’ wallets.
Managing Partner Jonathan Berry wrote for
@PhilanthropyRnd
about the implications of SCOTUS' affirmative action decision in other contexts like philanthropy.
Read the white paper:
@USDOT
@WSJ
Even this is gimmicky:
@USDOT
“assumes that investing in fuel economy somehow has no opportunity costs. This flunks basic economics and engineering. To improve fuel economy, carmakers sacrifice other improvements drivers like..."
Managing Partner Jonathan Berry offered legal analysis on a number of pending SCOTUS cases concerning abortion, gun safety, and homelessness in a conversation with
@EWTNNewsInDepth
. Hear some of his comments here ⬇️
Legal expert Jonathan Berry breaks down City of Grants Pass VS Johnson -- the Supreme Court case that could impact homeless people across America. And he reacts to the gun cases that are pending, and if the 25-year legacy of Columbine has impacted the Court’s thinking.
This week, Boyden Gray & Associates Counsel Jared Kelson joined a
@FedSoc
panel discussion about the ongoing legal battles surrounding ESG considerations in the retirement planning process.
You can view his remarks here:
Do
@USDOT
’s newly proposed fuel-economy standards for passenger cars improve society? At least according to the agency, the answer is no.
Partner Michael Buschbacher and Counsel James Conde shared their thoughts on
@USDOT
's remarkable concession in
@WSJ
.
Good summary of our argument: Severing the CFPB's removal protection would "create even more of a separation-of-powers mess" by putting the sword and the purse in the hands of the President.
At the Eleventh Circuit yesterday, Partner Trent McCotter argued that the FCC’s Universal Service Fund—which is paid for by a tax on millions of Americans’ monthly phone bills—violates the nondelegation and private nondelegation doctrines.
Read more here:
Boyden Gray’s own Trent McCotter argued against the FCC’s violation of constitutional separation of powers yesterday before the en banc Fifth Circuit in the firm’s challenge to unlawful government overreach.
We welcome James Conde back after clerking for Judge Ginsburg on the U.S. Court of Appeals for the D.C. Circuit and Judge Porter on the U.S. Court of Appeals for the 3rd Circuit. James graduated cum laude from
@GeorgeMasonLaw
.
Boyden Gray PLLC Managing Partner Jonathan Berry has filed a comment with the EEOC applauding their support of pregnant women and the protection of their rights, their employment and their familys’ security.
Boyden Gray PLLC recently filed a reply comment to FERC on behalf of the Center for Environmental Accountability regarding the agency’s Section 203 Blanket Authorizations for Investment Companies. (1/2)
Thank you to
@FedSoc
for hosting an informative discussion on the role of states in balancing corporate power. Managing Partner Jonathan Berry provided insights on the prudence of state action aimed at protecting liberty by checking concentrated private power.
As banking and other institutions align to shape firm behavior on contentious policy questions, should we be concerned that private economic power is creating private regulatory order outside of the democratic process? The second panel of the day focuses on "Corporate Power and
Today, Managing Partner Jonathan Berry spoke with
@FedSoc
's Evansville Lawyers Chapter about the growing threat of unaccountable corporate bureaucracies on our liberty.
Boyden Gray PLLC represents physicians who want to stop the FDA from unlawfully practicing medicine. Commentary in the
@WSJ
spotlights our recent win in the Fifth Circuit Court of Appeals.
The FDA regulates medications and devices to ensure they are safe and effective. But physicians, with their patients’ informed consent, must be able to decide on treatments because they are best able to assess their patients, writes Joel Zinberg
ICYMI: Partner Michael Buschbacher participated in a
@FedSoc
panel to discuss “Courthouse Steps Oral Argument: Corner Post, Inc. v. Board of Governors of the Federal Reserve System.”
Berry will represent the Alliance for Fair Board Recruitment in Tuesday's oral arguments. This is the latest in Boyden Gray PLLC's fight to stop unconstitutional racial and sex-based discrimination in America's boardrooms. Read more about their efforts:
Managing Partner Jonathan Berry: “We are disappointed by the Court’s decision in this case. This rule is in obvious violation of the equal protection guarantees in the Fifth Amendment, and we will continue the fight to eliminate race and sex discrimination in corporate America.”
Boyden Gray on Andrew Cuomo's version of Operation Choke Point: "At no level of government are politicians immune to the temptation of using coercive means to dictate a legislatively unauthorized outcome."
Pleased to see a new
@AmerCompass
policy brief analyzing the effects of guest worker programs on wages, citing Boyden Gray partner Jonathan Berry's new labor policy chapter in
@Heritage
2025 book.
Read more here:
2. Phasing down guestworker programs, which depress American wages by providing employers with an alternative to offering jobs to Americans at competitive wages in good conditions.
We have filed several suits challenging this illegal tax. We recently convinced the Fifth Circuit to grant en banc rehearing on these issues in a parallel suit, and partner
@TrentMcCotter
presented oral argument in September before 16 circuit judges.
Managing Partner Jonathan Berry will deliver remarks at the
@FedSoc
Freedom of Thought Conference about the role of states in balancing corporate power on Wednesday at the Mayflower Hotel in DC.
Tune in:
DOJ Official: "Guidance is not law. It’s not binding. And it shouldn’t be given the force or effect of law.” Revisiting Agency Guidance, by Andrew Varcoe
@FedSoc
On behalf of
@AmfreeChamber
, with former AG Bill Barr, our firm filed an amicus brief in support of
@APIenergy
. Minnesota's attempt to tax private energy firms will have enormous geopolitical consequences for energy security. Read more here:
Do animals (or humans claiming to represent them) have constitutional standing to file federal lawsuits? In the Ninth Circuit, the answer Is yes. By Andrew Varcoe
Laura Ruppalt returns to our team after clerkships with Justice Alito at
#SCOTUS
and Judge Hardiman on the U.S. Court of Appeals for the 3rd Circuit. Laura graduated first in her class from
@GeorgeMasonLaw
and previously worked as a Research Fellow at Boyden Gray.
@USDOT
@WSJ
@USDOT
“estimates that its plan of increasing passenger-car standards by 2% each year will reduce private welfare by $5.8 billion over the life of the cars," despite admitting that the plan's "net benefits for passenger cars remain negative across alternatives."
Boyden Gray PLLC Partner
@TrentMcCotter
for
@RealClearPolicy
: the SEC's climate rule will be the latest example of "abuse it, and lose it," leaving the agency with even narrower authority than if it had never issued the new rule in the first place.
"State power here is not unlimited, but I did want to suggest that the kind of corporate power we’re seeing today is something that the Framers would have been comfortable seeing the police power deployed against," Berry said.
The FCC’s Universal Service Fund — which is paid for by a tax on millions of Americans’ monthly phone bills and collects nearly $10 billion annually — violates the nondelegation doctrine.
Congress was right to censure the
@CFPB
’s auto lending bulletin. But the Congressional Review Act is only an imperfect check on the CFPB’s unprecedented power.
@adgustafson
and James Conde
On
@FoxBusiness
, Partner Michael Buschbacher describes California’s efforts to mandate electric vehicles as “the very definition of arbitrary and capricious regulatory action.”
James Conde & Michael Greve on administrative state-building and the dis-integration of constitutional law doctrines: Yakus and the Administrative State, 42 Harv. J. L. & Pub. Pol’y 807 (2019)
CEA explains why large asset managers like BlackRock, Vanguard, and State Street are currently exercising control over the public utilities whose stock they hold and why FERC should apply greater scrutiny to ensure these companies are not harming the public interest. (2/2)
On Tuesday, SCOTUS granted our firm's cert petition in Castaneda-Martinez v. Garland, an important case about whether courts can review issues that federal agencies resolve sua sponte. The case will now go back to the Eleventh Circuit for further review.