Project CIVICA, Liberty Legal Foundation File Supreme Court Amici Brief in Eastman Case

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Amici brief addresses constitutional limits on attorney discipline involving political advocacy and disputed legal and constitutional arguments.

NEW YORK, NY, UNITED STATES, October 6, 2026 /EINPresswire.com/ -- Project CIVICA, Inc. and Liberty Legal Foundation announced today the filing of an amici curiae (“friend of the court”) brief with the U.S. Supreme Court in John C. Eastman v. State Bar of California, U.S. Supreme Court No. 26-336, arising from California Supreme Court Case No. S292011.

Eastman was permanently disbarred in California following disciplinary proceedings concerning his conduct related to the 2020 election. In their amici brief, the organizations argue that the case raises questions about the extent to which a state may discipline an attorney for speech, legal advice, and advocacy involving disputed political and constitutional issues.

“This case presents important questions about the constitutional boundaries of attorney discipline involving speech, legal advocacy, and disputed legal arguments,” said representatives of Project CIVICA and Liberty Legal Foundation. “The brief examines where professional discipline intersects with constitutional protections for attorney speech and advocacy.”

The brief states that it does not ask the Supreme Court to endorse Eastman's views concerning the 2020 election or every legal or factual position attributed to him. Rather, the amici ask the Court to consider the constitutional limits applicable to attorney discipline involving speech and legal advocacy.

The brief distinguishes disputed or unsuccessful legal arguments from intentional professional misconduct and discusses forms of misconduct including fraud, perjury, bribery, theft, and knowingly submitting false evidence.

The brief discusses California disciplinary standards concerning “moral turpitude” and an attorney's duty to “support the Constitution.” The amici argue that the application of those standards to political speech and disputed legal arguments raises constitutional questions concerning attorney discipline and protected advocacy.

“Attorneys need to understand clearly where the boundaries are when handling difficult or controversial cases,” the organizations said. “When those boundaries are uncertain, it can affect an attorney’s decision to take on those cases and a person’s ability to find counsel.”

The brief also addresses attorney discipline in circumstances involving incomplete facts, short deadlines, unsettled law, and politically sensitive issues, including elections, constitutional rights, religious liberty, civil rights, and government accountability.

The amici contend that the standards governing attorney discipline must provide sufficient notice of the conduct that may subject an attorney to professional sanctions.

Project CIVICA and Liberty Legal Foundation were joined by the North Carolina Values Coalition, attorneys Christopher Byrne, Ronald D. Coleman, Nathan Earle, and Harry MacDougald, and Professor Randy E. Barnett, writing in his individual capacity.

The organizations thanked Patrick R. Sciacca, counsel of record, for his work preparing and filing the brief.

The brief asks the Supreme Court to hear the case and reverse the California Supreme Court’s decision.

Attorneys for Petitioner
Jay Alan Sekulow
Counsel of Record
American Center for Law and Justice
201 Maryland Avenue, N.E.
Washington, DC 20002

sekulow@aclj.org
Ph: 2025468890

Party name: John C. Eastman

Other Attorneys
Patrick R. Sciacca
Counsel of Record for Amici
716 Zimalcrest Dr
# 1707
Columbia, SC 29210-6571

prsciacca@comcast.net
Ph: 772.634-7428

Party name: Liberty Legal Foundation, Project Civica, Inc., North Carolina Values Coalition, Christopher Byrne, Ronald D. Coleman, Nathan Earle, Harry Macdougald, and Randy Barnett

Media Contact

Project CIVICA, Inc.
Kim Hermance, President and Director
kimh@projectcivica.org
716-309-5062

Liberty Legal Foundation
Stacey Bucci, Esq.
stacey@libertylegalusa.org
413-248-7622

About Project CIVICA
Project CIVICA, Inc. is a New York-based, nonpartisan social-welfare organization focused on civic engagement, citizen oversight of government, and restoring public confidence in lawful and verifiable elections.

About Liberty Legal Foundation
Liberty Legal Foundation is a nonprofit legal organization dedicated to defending the rule of law and protecting due process, equal protection, and freedom of expression.

Kim Hermance
Project CIVICA, Inc.
+1 716-309-5062
info@projectcivica.org
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