Judicial power shall extend to all casesJudicial power shall extend to all casesnecessary and propernecessary and properprovide for the common defenceprovide for the common defenceunreasonable searches and seizures”unreasonable searches and seizures”security of a free statesecurity of a free statemore perfect Unionmore perfect Unionshall make no lawshall make no lawequal protection of the lawsequal protection of the lawsBlessings of libertyBlessings of libertydue process of lawdue process of lawWe the PeopleWe the Peopleshall not be infringedshall not be infringedcruel and unusual punishmentscruel and unusual punishmentsthe supreme Law of the Landthe supreme Law of the Landunreasonable searches and seizuresunreasonable searches and seizures
On the frontlines of America’s most consequential constitutional battles
Because democracy depends on the rule of law—and those who defend it.
2026 has been a monumental year for our country as we celebrate the 250th anniversary of the Declaration of Independence while facing profound and unprecedented threats to our Constitution and democratic institutions. We are proud to share our 2026 Annual Report detailing ICAP’s work combating these threats over the past year.
A comprehensive model legislation to prohibit activity by paramilitary groups that threaten democratic processes and the constitutional rights of others.
Legal principles, best practices, and creative solutions upon which local jurisdictions may draw to protect public safety while respecting constitutional rights during rallies, protests, and other public events.
Our mission
We use litigation, policy, and public education to protect constitutional rights and to hold our governmental institutions to the highest standards of integrity and accountability. We do our work pro bono because access to justice should never depend on wealth or power.
We litigate in state and federal courts nationwide—at the trial, appellate, and Supreme Court levels—to preserve the rights and values embedded in the Constitution.
Filings Feed
Welty v. Dunaway:
U.S. Court of Appeals for the Sixth Circuit ruled in favor of ICAP's clients and affirmed the district court's permanent injunction against the Tennessee law
State of Indiana ex rel. Rokita v. Marté:
Court granted motion for a PI, enjoining enforcement of the new provision against Sheriff Marté and the Monroe County Sheriff's Office
State of Indiana ex rel. Rokita v. Marté:
Sought leave of the court to file a counterclaim challenging the state's newly-passed mandatory detainer provision and moved for a TRO or PI to prevent the law from going into effect
Welty v. Dunaway:
Filed a reply brief in the U.S. Court of Appeals for the Sixth Circuit
Welty v. Dunaway:
Filed a response brief in the U.S. Court of Appeals for the Sixth Circuit on behalf of Plaintiffs/Appellees/Cross-Appellants Rachel Welty and Aftyn Behn
ICAP represented Tennessee state representative Aftyn Behn and family law attorney Rachel Welty in a constitutional challenge to a state law that criminalizes “recruiting” a minor to obtain an abortion, even an abortion that occurs legally outside Tennessee.
ICAP is defending Monroe County Sheriff Ruben Marté and the Monroe County Sheriff’s Office against a lawsuit brought by the Indiana Attorney General alleging that the Sheriff must amend his immigration policy to allow for greater involvement of officers in immigration enforcement.
Status
Ongoing Litigation
Court
Monroe County Circuit CourtNo. 53COG-2407-PL-001733
U.S. v. 14.259 Acres of Land in Doña Ana County, New Mexico
ICAP represents the Catholic Diocese of Las Cruces, New Mexico, in defending against the United States Government’s efforts to exercise its power of eminent domain to take Diocesan property for the purpose of building a border wall that is contrary to Catholic values and teachings on the holy site, Mount Cristo Rey.
A system of laws by which both the governed and the government agree to abide; transparency in the enactment and enforcement of the law; a fair legal system for adjudicating rights and responsibilities; and competent, diverse, independent lawyers and judges – that is the rule of law that ICAP defends.
Mary McCord, Executive Director
Our work
Lawyers for the Constitution. Advocates for democracy.
We take action where it matters most: in courtrooms, in communities, and in the public square. Our attorneys sue unlawful militias, challenge government overreach, and defend the rights that keep our democracy strong.