DHS v. Regents of the University of California & Nielsen v. Vidal (DACA)

admin Constitutional Law, U. S. Supreme Court

Today, we filed our third brief in support of President Trump’s rescission of President Obama’s unconstitutional DACA program. We urge the Supreme Court to review the three pending injunctions against the rescission issued by Democrat judges. We asked the High Court to determine the legality of “universal injunctions” by district judges, as well as the constitutionality of the original DACA program. Read More

Klein v. Oregon Bureau of Labor and Industries

admin Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief supporting the owners of a small bakery in Oregon (Sweetcakes by Melissa) who refused to bake a wedding cake for a same-sex wedding because of their religious convictions.  For this, they were fined $135,000 and ordered to cease and desist following their religious convictions.  This case is similar to Colorado, Masterpiece Cakeshop, a case in which we filed two briefs, but which was not decided on the central issue — the extent to which public accommodation can restrict the Free Exercise of Religion. Read More

Young v. Hawaii

admin Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today we filed an amicus brief opposing a request for rehearing by the State of Hawaii of a Ninth Circuit decision which overturned Hawaii’s virtual ban on citizens bearing weapons.  We opposed Hawaii’s argument that its laws against carrying firearms were long-standing, explaining that those laws existed when Hawaii was a monarchy where the reigning king or queen was sovereign — not as in the United States where the people are sovereign. Read More

Americans for Prosperity Foundation v. Becerra

admin Constitutional Law, U. S. Court of Appeals, Ninth Circuit

Today we filed another amicus brief in support of Americans for Prosperity’s challenge to the California Attorney General’s demand for its confidential donor information as a condition of raising money in the state. This brief urged the Ninth Circuit to grant rehearing en banc to reverse an earlier panel decision. The brief was filed for Citizens United, Citizens United Foundation, Free Speech Coalition, and Free Speech Defense and Education Fund. Read More

United States v. Zodhiates

admin Constitutional Law, U. S. Court of Appeals, Second Circuit

Today we filed an amicus brief in the Second Circuit in support of a petition for rehearing en banc, asking the Court to reconsider its decision which misapplied the Supreme Court’s decision in Carpenter v. United States, 138 S.Ct. 2006 (June 22, 2018). The trial court allowed the government to introduce evidence of “Cell Site Location Information” (“CSLI”) obtained without a warrant, which the Carpenter decision affirmed was protected by the Fourth Amendment. (This is our second amicus brief that we filed in this case, the first being filed on July 26, 2017) Read More

Harris Funeral Homes v. EEOC

admin Statutory Construction, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court urging the court to grant a petition for certiorari to the U.S. Court of Appeals for the Sixth Circuit to review its decision giving a meaning to Title VII that Congress never intended.  The Sixth Circuit decided to change a 50-year old understanding of Title VII to accommodate to the demands of LGBTQ activists, by barring employment discrimination based on “sexual orientation.”  Our brief explained the radical nature of recent the Hively and Zarda cases where courts chose to amend Title VII under the guise of re-interpretation of the statute.  This follows on the two briefs we filed in Zarda, and the earlier brief we filed in the Harris Funeral Home case when it was in the Sixth Circuit. Read More

American Legion v. American Humanist Association (Bladensburg Cross)

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief urging the Supreme Court to block a Fourth Circuit decision which found that the Bladensburg (Maryland) War Memorial, which includes a 40-foot cross, violates the Establishment Clause.  The Fourth Circuit opinion discusses the relief being sought by a few Maryland residents to be either razing the Cross, or defacing it by cutting off its arms, and making it into an Egyptian obelisk. Read More

Altitude Express v. Zarda

admin Statutory Construction, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court supporting a petition for certiorari to review a circuit court decision giving homosexuals the right to sue employers, even though Congress never authorized such suits.  Ten liberal Second Circuit judges joined a decision to rewrite Title VII of the Civil Rights Act of 1964 to prohibit discrimination against homosexuals in employment.  This follows a similar ruling from the Seventh Circuit. Read More

Citizens United v. Department of Justice (Case No. 1:18-cv-01446)

admin FOIA Law, U. S. District Court, District of Columbia

Today, on behalf of Citizens United, we filed a Complaint under the Freedom of Information Act against the Justice Department, seeking certain records relating to communications between former Assistant Attorney General for Legislative Affairs Peter Kadzik and former FBI agent Peter Strzok.  The case was filed in the U.S. District Court for the District of Columbia.

Gundy v. United States

admin Constitutional Law, U. S. Supreme Court

Today, we filed an amicus merits brief in the Supreme Court addressing the 80-year old anti-delegation doctrine.  Our brief explains why the “intelligible principle” test that was adopted by the Court has failed to uphold the constitution’s structural integrity.  We explain that separation of powers is essential to preserve the liberty of the American people.  And we explain why it is particularly problematic for Congress to delegate to an unelected bureaucrat the power to criminalize behavior.

Link to brief

Texas v. United States

admin Constitutional Law, U. S. District Court, Northern District of Texas

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.

Link to brief

United States v. Ackerman

admin Constitutional Law, U. S. Court of Appeals, Tenth Circuit

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.)

Link to brief

IFS v. Becerra

admin Constitutional Law, Nonprofit Law, U. S. Court of Appeals, Ninth Circuit

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.

Link to brief

Ulbricht v. United States

admin Constitutional Law, U. S. Supreme Court

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.

Link to brief

U.S. Dept. of Homeland Security v. Regents of U. California (DACA)

admin Administrative Law, Constitutional Law, U. S. Supreme Court

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.

Link to brief