Welch v. Brown

admin Constitutional Law, U. S. Supreme Court

Today, we filed an amicus brief in the Supreme Court in support of a petition for writ of certiorari, asking the Court to review a California ban on mental health providers pro-hetrosexual therapies to minors.  Interestingly, the California law, SB 1172, does not ban pro-homosexual therapies.  We reject the notion that the Free Exercise Clause was written to give special rights to religious people.  We explain that SB 1172 violates the Free Exercise Clause, which operates as a jurisdictional barrier to the power of States, barring California’s encroachment upon matters of opinion outside its civil jurisdiction.  We also demonstrated that the State’s inherent police power does not permit it to conditioning licensing in order to suppress politically correct and morally unpopular medical treatments under the guise of protecting minors.

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Peruta v. California

Michael Harless Constitutional Law, Firearms Law, U. S. Supreme Court

Today we filed a brief in the U.S. Supreme Court in support of the petition for certiorari filed in the Peruta challenge to California concealed carry laws.  Our brief, however, urged the Supreme Court to grant certiorari to review a broader issue than that sought by the petitioners, and based on a more robust understanding of the protections afforded by Second Amendment than that urged by petitioners.

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Washington v. Trump

Michael Harless Constitutional Law, U. S. Court of Appeals, Ninth Circuit

Today we filed a brief in support of rehearing by the Ninth Circuit en banc, of the Ninth Circuit’s motions panel denial of the Trump Administration’s motion for a stay of the Temporary Restraining Order issued by a federal district judge in Washington State enjoining operation of the President’s Executive Order on immigration and refugees.

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USJF Legal Policy Paper: The Dangerous Proposal for an Article V Constitutional Convention

admin Constitutional Law, Publications

Today, Bill Olson and Herb Titus co-authored a Legal Policy Paper for the United States Justice Foundation on the serious dangers associated with the calling of an Article V Constitutional Convention. The paper addressed two false premises underlying the proposal: 1. The problem of big government is found in the text of the U.S. Constitution, which can be corrected by changing the words of the document. 2. The only remedy to the problem of an out-of-control federal government is changing the Constitutional text. Additionally, our paper addressed the two false assurances being offered by those demanding that state legislatures put at risk all of our constitutional protections: 1. There is no danger of a Runaway Convention. 2. A small minority of the State Legislatures can stop bad proposals from being ratified.

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State of Washington v. Donald J. Trump

Michael Harless Constitutional Law, U. S. Court of Appeals, Ninth Circuit

Today we filed an amicus brief in the Ninth Circuit in support of a motion to stay a Temporary Restraining Order issued by the U.S. District Court for the Western District of Washington, which prohibited enforcement of several sections of President Trump’s recent Executive Order temporarily suspending entry of certain immigrants and refugees into the United States.

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Citizens United v. Schneiderman

Michael Harless Constitutional Law, Nonprofit Law, U. S. Court of Appeals, Second Circuit

Today we filed an amicus brief in the U.S. Court of Appeals for the Second Circuit opposing efforts by the Attorney General of New York from implementing new procedures requiring every nonprofit organization which solicits funds in that state to provide him with the names, addresses, and donation amounts of the organization’s largest donors.  Although the Attorney General of New York insists that the information would be kept by him and not shared with the public, the First Amendment protects Americans from divulging their anonymous political activities to politicians — especially highly political politicians like state attorney generals — who know how to use their discretionary power to chill the political activities of wealthy individuals.

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Independence Institute v. Federal Election Commission

Michael Harless Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief urging the U.S. Supreme Court to review an appeal filed by the Independent Institute challenging the disclosure requirements imposed by the Bipartisan Campaign Reform Act (“BCRA”) as applied to genuine issue ads.  BCRA compels the disclosure of donors to such ads over $1,000, with substantial civil and criminal penalties for failure to report this information publicly.

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Lund v. Rowan County

Michael Harless Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today we filed a brief in support of the practice by the Rowan County Board of Commissioners to begin sessions with prayer. Predictably, the plaintiffs are deeply offended to hear the name of God mentioned, but their subjective feelings does not cause the public prayer by government officials to be transformed into a prohibited “establishment” of religion.

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Alabama Chief Justice Roy S. Moore v. Alabama Judicial Inquiry Commission

Michael Harless Alabama Supreme Court, Constitutional Law

The Alabama Court of the Judiciary removed Roy S. Moore, the elected Chief Justice of the State of Alabama, based on spurious grounds related to the U.S. Supreme Court’s Obergefell decision in favor of same sex marriage.  Today, we filed a brief in support of the Chief Justice’s appeal of that decision to the Alabama Supreme Court.

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Graham v. United States

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the U.S. Supreme Court in support of a petition for certiorari in a case involving a Fourth Amendment violation where a person’s whereabouts were tracked for months by seizing his cell site location information. We argued against the Supreme Court’s “third-party doctrine,” which holds that a person does not have a “reasonable expectation of privacy” if he voluntarily gives information to third parties. Further, the brief relied on the Court’s recently reinvigorated property rights basis of the Fourth Amendment, urging the Court to consider a person’s cell phone data and location as his property even though not a physical object.

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Wrenn v. District of Columbia

Michael Harless Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit, in support of a challenge to the District of Columbia’s requirement that a person must demonstrate a “good reason” in order to obtain a permit to carry a concealed weapon.  Our brief noted that before Heller, the federal courts perpetuated the charade that the right of “the People” was a collective rather than an individual right.  Now, we argued, the lower courts are perpetuating a new charade — that rights which “shall not be infringed” can indeed be infringed so long as the government strongly desires to do so, and judges believe the regulations are reasonable.  Our brief argued that use of such “interest-balancing” tests permits judges to come to whatever result they prefer, as this case uniquely indicates.

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Grimm v. Gloucester County School Board

Michael Harless Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit, opposing attempts by a girl with feelings of gender “dysphoria” to use Title IX to gain access to the boy’s bathrooms at her school.  Our brief argued that one’s sex is a scientific constant, and determined by the Creator.  Allowing a person’s feelings at any given time to define his gender permits individuals to decide whether and how the law applies to them.  Our brief pointed out that the ruling of the district court below is not limited to bathrooms, but could be applied broadly to grant access to opposite sex locker rooms, housing, athletic teams, and other gender-restricted areas.  Finally, our brief argued that the district court’s ruling sanctions sexual anarchy, and the day is not far away when a white male will “identify” as a black female in order, for example, to gain preferential treatment through reverse-discrimination (i.e., affirmative action) college admission policies.  Our brief was filed on behalf of Public Advocate of the United States, United States Justice Foundation, and Conservative Legal Defense and Education Fund.

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United States v. Texas

Michael Harless Constitutional Law, U. S. Supreme Court

Today we filed a brief in the U.S. Supreme Court supporting the challenge filed by Texas and 25 other states to the Obama Administration’s DAPA amnesty program.  (We had earlier filed an amicus brief in support of Texas in this case in the Fifth Circuit, where Texas prevailed.)  Our brief explains why the Executive Branch had no authority (through DAPA or otherwise) to grant unilaterally “lawful presence” to approximately 4 million illegal aliens.  It also explains that such unilateral Executive Action violates the federal separation of powers.  Lastly, it explains why the sovereign States have the right to seek federal judicial review of such unlawful and unconstitutional executive actions as they constitute a constitutional “controversy” that must be decided by federal courts in accordance with Article III, Section 2, and that the traditional rules of standing do not apply.

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Wikimedia Foundation v. National Security Agency

Michael Harless Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today,we filed our third brief opposing NSA’s program of “Upstream” Internet surveillance of Americans.  Our brief urges the Fourth Circuit to reverse the decision of the District Court in Maryland which found that neither Wikimedia Foundation — which runs Wikipedia — nor the other plaintiffs in the case, had standing to challenge that surveillance.

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Whole Woman’s Health v. Hellerstedt

Michael Harless Constitutional Law, U. S. Supreme Court

Today, we filed an amicus brief in the U.S. Supreme Court supporting two Texas laws requiring that abortions be performed only at certain types of facilities by physicians with  hospital admission privileges.   We set out why the pro-abortion petitioners, and the Obama Administration as amicus curiae, misrepresent to the Court its own abortion jurisprudence.  However, even more importantly, our brief explains why Roe v. Wade was wrongly decided.

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Zubik v. Burwell
Little Sisters of the Poor v. Burwell

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed a brief supporting a challenge to the contraceptive/abortifacient imposed by Obamacare.  Our brief asked the U.S. Supreme Court to expand the scope of its review, which is now narrowly limited to the Religious Freedom Restoration Act (“RFRA”) issue, to also include the First Amendment issue.

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