Today we filed a motion for summary judgment, memorandum of points and authorities, and two proposed orders in a FOIA case seeking records on an October 11, 2016 briefing which Christopher Steele gave at the State Department concerning his Steele dossier. This is the case in which the State Department released never-before-seen Kavalec emails proving that the FBI was on notice that the Steele dossier was politically motivated and highly unreliable, even before it was used to obtain the first FISA warrant against Carter Page.
Today the Supreme Court issued an order in a case in which we had filed an amicus brief — Commissioner v. Planned Parenthood of Indiana. Justice Thomas wrote a concurring opinion, referencing both our amicus brief (at 18) and several of the authorities that we cited in our brief in his discussion of the link between abortion and eugenics.. Our brief was filed on behalf of: Pro-Life Legal Defense Fund, Eleanor McCullen, One Nation Under God Foundation, Conservative Legal Defense and Education Fund, Pass the Salt Ministries, Liberty Fellowship, Pastor Chuck Baldwin, Fitzgerald Griffin Foundation, Policy Analysis Center, Restoring Liberty Action Committee, and Center for Morality.
Today we filed our second amicus brief in support of a challenge to New York City’s near prohibition on transporting firearms. This is the first Second Amendment case that the U.S. Supreme Court has heard since Heller (2008) and McDonald (2010). Our brief details the lower courts’ open prejudice against gun rights and its disregard for the Supreme Court’s protection of Second Amendment rights since those earlier cases.
Today our firm filed our ninth amicus brief opposing Obamacare. This briefs supports challenge to Obamacare brought by the State of Texas and other states based on the fact it is unconstitutional since the penalty for the individual mandate was zeroed out by Congress in December 2017. Earlier, we filed the only amicus brief supporting the Texas challenge in district court in Texas. This brief urges the Fifth Circuit to affirm the decision of the district court by Judge Reed O’Connor.
Today our firm filed an amicus brief involving a challenge to a Fourth Amendment violation by a social worker who strip-searched a four-year-old girl, without consent of the child or her mother, in search of tell-tale signs of child abuse. The Tenth Circuit dismissed the case, ruling that the social worker was not liable under the Supreme Court’s doctrine of qualified immunity. Our brief argues for limitations on the qualified immunity doctrine, and explains why the doctrine does not apply in this case.
Today our firm filed an emergency application for stay with the U.S. Supreme Court (directed to Justice Sotomayor, Circuit Justice for the Sixth Circuit), requesting that the Court stay the effective date of the ATF’s Final Rule banning bump stocks pending review of the case by the Sixth Circuit.
Today our firm filed a 28(j) letter with the Sixth Circuit, citing additional information in the D.C. Circuit cases of Guedes and Codrea. We point out that although the courts have issued stays in these and similar cases, the stays only apply to the specific appellants in each case, and do not grant the nationwide relief to bump stock owners being sought by Gun Owners of America, et al.
The ATF reclassification of bump stocks as machineguns will take effect on Tuesday, March 26. The federal district court in which we challenged this classification change has yet to rule on our motion for an injunction. Therefore, we were forced to file this emergency petition in the U.S. Court of Appeals for the Sixth Circuit.
Today our firm filed an amicus brief opposing a strained reading of the Federal Election Campaign Act disclosure requirement which CREW has urged a federal court to be forced on the FEC. FEC rules have long required the disclosure by non-political committees of donors giving to support specific Independent Expenditures (IEs). Reversing that established rule, the U.S. District Court for the District of Columbia ordered the FEC to change its rules in unspecified ways apparently to force nonprofits to disclosure the names of every donor to a nonprofit even made in response to a solicitation that simply mentions doing IEs.
Today we filed an amicus brief in support of the Department of Commerce’s decision to add a citizenship question for the 2020 Census. A federal court in New York issued an injunction against the administration from adding the citizenship question, but the Supreme Court granted certiorari before a judgment of the Second Circuit. Our brief explained that the purpose of the decennial census is for apportionment of representation of our nation’s citizens in the House of Representatives and that the district court’s decision was based on a globalist worldview.
Today we filed comments with the Federal Election Commission in response to a petition for rulemaking filed by the Institute for Free Speech on the FEC’s definition of “contribution.” Our comments supported the IFS petition and also urged the FEC to amend the definition of “expenditure” in the same rulemaking.
The comments were filed on behalf of the Free Speech Coalition, Free Speech Defense and Education Fund, 60 Plus Association, Conservative Legal Defense and Education Fund, DownsizeDC.org, Forthright Strategy, Gun Owners of America, The National Right to Work Committee, Public Advocate of the United States, The Senior Citizens League, and the United States Constitutional Rights Legal Defense Fund.
Today we filed an amicus brief in support of a petition for certiorari challenging the government’s ability to track citizens through Cell Site Location Information (CSLI) obtained without a warrant. In this case, the trial court allowed the government to introduce 28 months of CSLI obtained by a prosecutor using a mere Grand Jury Subpoena. We argue that the Carpenter v. United States decision, issued in 2018, affirms the protection of CSLI under the Fourth Amendment, and the third-party doctrine does not apply. Our brief explains why the “good faith” exception applies only to police, and not prosecutors. This brief, filed in the U.S. Supreme Court, is our third amicus brief in support of Philip Zodhiates.
Today, on behalf of Citizens United, we filed a Complaint under the Freedom of Information Act against the Department of Labor, seeking email communications sent to or received by email addresses which have been publicly reported to be associated with Obama’s Labor Secretary Tom Perez. The case was filed in the U.S. District Court for the District of Columbia.
National Public Radio ran a story about the Trump Administration’s regulation to ban bump stocks, and the legal challenge we filed for Gun Owners of America, in which Rob Olson of our firm was interviewed.
Today, we filed a Petition for Certiorari on behalf of Jeremy Kettler, who was convicted of possessing an unregistered firearm suppressor. Our petition asks the Supreme Court to review the Tenth Circuit’s decision, and to determine whether the National Firearms Act continues to be an appropriate exercise of Congress’s taxing power due to the many changes that have been made to the NFA over the last eight decades. Additionally, if the NFA is still justifiable under the taxing power, we have asked the Court to determine whether firearm accessories such as suppressors are protected by the Second Amendment and whether the NFA is impermissible as a tax on the exercise of a constitutional right.
Today, our firm filed a motion for a preliminary injunction, seeking to stop the Bumpstock regulations from going into effect on March 26, as planned.
(Plaintiffs’) Motion for Preliminary Injunction (December 26, 2018)
(Plaintiffs’) Memorandum in Support of Motion for a Preliminary Injunction (December 26, 2018)
(Plaintiffs’) Party Declarations (December 26, 2018)
(Plaintiffs’) Richard Vasquez Declaration (December 26, 2018)
Today, ATF published in the Federal Register its final regulations imposing a total ban on private ownership of bumpstocks, overruling numerous prior ATF decisions. Later that same day, our firm filed a chellenge to this regulation on behalf of Gun Owners of America, Guy Owners Foundation, Virginia Citizen Defense League, and three individuals — Matt Watkins, Tim Harmsen and Rachel Malone. The challange was filed in the federal district court for the Western District of Michigan.
Today we filed our second brief in support of the Bladensburg Cross in Maryland. We earlier filed a brief at the petition stage on July 27, 2018. Our brief attacks existing Supreme Court Establishment Clause jurisprudence, and calls upon the Court not to end the judicial assault on Christianity.
Jeremiah Morgan wrote this interesting take on why Michael Cohen would plead guilty to a non-crime. First, he explains why there is no campaign finance law violation here, and then discusses how this case provides a precedent to support the ever-increasing criminalization of politics in America.