Daily Caller article discusses our comments opposing Bump Stock Ban for Gun Owners Foundation.
Townhall covered our comments to ATF on Bumpstock Regulations for Gun Owners Foundation.
Today we submitted another set of comments to ATF opposing its Notice of Proposed Rulemaking which would reverse long-standing ATF policy to determine, in violation of federal law, that a “bump fire” stock constitutes a “machinegun.” Our comments were filed on behalf of Gun Owners Foundation. Earlier, on January 18, 2018, we filed comments for GOF on the ATF’s Advance Notice of Proposed Rulemaking.
Today, we filed the only amicus brief supporting a 20-state challenge to Obamacare being led by Texas Attorney General Ken Paxton. The case is pending in the U.S. District Court for the Northern District of Texas In December 2017, President Trump signed the Tax Cuts and Jobs Act of 2017, which eliminated the Obamacare penalty for failing to comply with the individual mandate. The Texas lawsuit asks that Obamacare be declared unconstitutional in its entirety, since a zero tax cannot form the basis of the exercise of the taxing power.
Today we filed our second amicus brief in the Ackerman case. Our first brief was filed in the U.S. District Court for the District of Kansas, and today’s brief was filed in the Tenth Circuit. This case involves the power of the government to conduct searches and seizures of email and attachments to email. The District Court decision upholding the search was entirely based on the “reasonable expectation of privacy” atextual judicial construct. When this case was before the Tenth Circuit previously, that Court raised the property basis of the Fourth Amendment set out in United States v. Jones in 2012, but this issue was not addressed by the District Court.
In the third section of our brief, we explain the history of the property foundation of the Fourth Amendment from before its ratification, through its abandonment, and now through its return to primacy in Fourth Amendment jurisprudence. (Now-Justice Gorsuch authored the earlier Tenth Circuit opinion focusing on the property principle.)
Today, we filed a brief in the Ninth Circuit supporting a challenge against the California Attorney General’s demands for the large donor lists (IRS Form 990 Schedule B) of charitable organizations who wish to register to solicit donations in that state. We argued that the AG’s requirement creates a condition precedent that violates the right to peacably assemble. We also explained that the new rule does not only risk public dissemination of donor information, as has already happened in California, but also the risk that politicized Attorney Generals in New York and California — Kamala Harris, Xavier Becerra, and Eric Schneiderman — would misuse the information. We also raised the distinct possibility that the AG is committing the federal crime of solicitation of taxpayer information because it is conditioning the ability to raise funds in California on the “voluntary” provision of the confidential donor lists. Finally, we argued that 9th Circuit precedent in similar cases improperly relied on election law cases, requiring that IFS’ case be heard en banc.
Just before midnight tonight, we filed our fourth brief defending President Trump’s rescission of President Obama’s unconstitutional DACA program. This brief was filed in the Second Circuit, which is considering an appeal from a “nationwide” or “universal” injunction issued by one Democrat lawyer currently serving as an unelected federal district judge in Brooklyn, who had been appointed in 2000 by President Clinton — Nicholas G. Garaufis.
World Net Daily reviewed our brief in Whole Women’s Health v. Paxton. This article stressed our argument that judges who do not exhibit “good behavior” while in office are subject to removal.
Today we filed an amicus brief supporting efforts by the State of Texas to outlaw unbelievably cruel and barbaric dismemberment abortions.
Today, we filed our eighth brief in support of President Trump’s efforts to bar those coming from terror-prone areas of the world to travel to the United States. This brief was filed in the U.S. Supreme Court, on the merits.
Today we filed an amicus brief in support of a petition for certiorari in the U.S. Supreme Court addressing important Fourth And Sixth Amendment issues. The investigation into Ross WilliamUlbricht, the founder of the “Silk Road” website, involved numerous Fourth Amendment violations in the search and seizure of his Internet Communications records. Additionally, Ulbricht had been sentenced to life imprisonment, and there is now no parole in the federal system, based on a judge’s findings of fact based on the preponderance of the evidence, in violation of his right to a jury trial.
Today we filed another brief relating to President Obama’s unconstitutional DACA policy — Deferred Action for Childhood Arrivals. This brief supported the Trump Administration’s to obtain U.S. Supreme Court before judgment review of a nationwide injunction issued by District Judge William H. Alsup.
Today, we submitted comments to ATF on clarifying whether “bump fire” stocks fall within the statutory definition of “machinegun.” Our comments were filed on behalf of Gun Owners Foundation.
Today, the U.S. Court of Appeals for the Tenth Circuit held oral argument on the Kettler case. Our co-counsel in the case, Joe Miller, presented oral argument for Mr. Cox. The panel hearing the appeal consisted of Judges Hartz, Seymour and Phillips.
The oral argument my be listened to here.
Today we filed an amicus brief in the United Sates Supreme Court on the merits to help protect the Crisis Pregnancy Centers (CPCs) of California from a California law which mandates that the CPCs provide information about the availability of abortions. We had earlier filed an amicus brief in support of NIFLA’s petition for certiorari.
Today, we filed our seventh amicus brief in support of President Trump’s immigration actions, this time, in support of his September 24, 2017 Proclamation. Our brief challenged the purported standing of the plaintiffs below, where the district court based standing on the Establishment Clause, but then granted the injunction based on statutory grounds. Our brief argued that the question in this case was a political one, exceeding the scope of judicial powers, and also raised the point that the President has inherent constitutional authority over immigration. Next, our brief demonstrated that the district court relied extensively on the Ninth Circuit’s previous opinion in Hawaii v. Trump, but that decision has since been vacated, stripping it of precedential value. Finally, we noted that the district court failed to address the public safety basis of President Trump’s Proclamation.
Today, we filed a reply brief responding to the Government’s brief in opposition on behalf of Jeremy Kettler. Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”). Read our previous discussion of the case and opening brief here.
Today, we filed an amicus brief in the U.S. Supreme Court in a case involving a warrantless search of a motorcycle under a tarp located in the “curtilage” of a home, or the area immediately surrounding it. Under the deeply flawed rule the Virginia Supreme Court applied, the Fourth Amendment has no bearing at all whenever an automobile or anything that resembles an automobile is being searched, irrespective of where the automobile is located.
This article in Reuters refers to our brief in the Supreme Court in support of the Trump travel ban, and quotes Mike Boos, General Counsel of Citizens United, one of the amici on the brief.
In our brief, we challenged the opinion of the U.S. Court of Appeals for the Seventh Circuit, which had concluded that there was no privacy interests of other students implicated by members of the opposite sex using their restrooms. This, we argued, rejected out of hand the long standing and universal practice of restroom separation by sex, based on nothing more than the judges’ own policy preferences. Moreover, we argued, the court’s opinion was utterly oblivious to the numerous adverse consequences that would flow from its decision, applying not just to restrooms but to school locker rooms and showers as well, which will lead to all manner of disruption and injury to students.