United States of America, Amicus Curiae
The United States is an amicus in this case because of the constitutional issues involved. The following is excerpted from the Amicus Curiae Brief for Petitioners as submitted to the U.S. Supreme Court on June 30, 2023. State action subject to constitutional scrutiny generally requires the exercise of a right or privilege created by the government by someone who may fairly be described as a state actor. Being a public official is, however, neither necessary nor sufficient to engage in state action. A private entity might engage in state action when the government compels it to act, when it engages…
