Doe v. Woodard

admin Constitutional Law, U. S. Supreme Court

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.

Link to brief

CREW v. FEC

admin Constitutional Law, Election Law, Nonprofit Law, Statutory Construction, U. S. Court of Appeals, District of Columbia 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. Read More

Department of Commerce v. New York

admin Constitutional Law, U. S. Supreme Court

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. Read More

Zodhiates v. United States

admin Constitutional Law, U. S. Supreme Court

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. Read More

Jeremy Kettler v. United States

admin Constitutional Law, Firearms Law, Statutory Construction, U. S. Supreme Court

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. Read More

The American Legion v. American Humanist Association (Bladensburg Cross Merits)

admin Constitutional Law, U. S. Supreme Court

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.

Link to brief

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

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

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

New York v. Trump (DACA)

admin Constitutional Law

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.

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