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 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 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.
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.
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.
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.
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.
Today we filed a brief urging the U.S. Supreme Court to grant certiorari to correct a ruling by the Oklahoma Supreme Court which gave state courts jurisdiction over a matter of church policy — public baptism.
Today we filed an amicus brief in support of an Indiana law which prevents eugenic abortion. Our brief challenges the “right” to eugenic abortion claimed by Planned Parenthood, an issue which we believe the U.S. Supreme Court should address.
Today we filed an amicus brief in support of a challenge to New York City’s near prohibition on transporting firearms. The New York City law only allows transportation of firearms from their permitted location to and from gun ranges within the city limits.
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.
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)