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.
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.
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.)
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.
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.
World Net Daily reviewed our brief in Whole Women’s Health v. Paxton. This article stressed our argument that judges who do not exhibit “good behavior” while in office are subject to removal.
Today we filed an amicus brief supporting efforts by the State of Texas to outlaw unbelievably cruel and barbaric dismemberment abortions.
Today, we filed our eighth brief in support of President Trump’s efforts to bar those coming from terror-prone areas of the world to travel to the United States. This brief was filed in the U.S. Supreme Court, on the merits.
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.
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.
Today, the U.S. Court of Appeals for the Tenth Circuit held oral argument on the Kettler case. Our co-counsel in the case, Joe Miller, presented oral argument for Mr. Cox. The panel hearing the appeal consisted of Judges Hartz, Seymour and Phillips.
The oral argument my be listened to here.
Today we filed an amicus brief in the United Sates Supreme Court on the merits to help protect the Crisis Pregnancy Centers (CPCs) of California from a California law which mandates that the CPCs provide information about the availability of abortions. We had earlier filed an amicus brief in support of NIFLA’s petition for certiorari.
Our brief was filed on behalf of Conservative Legal Defense and Education Fund, Free Speech Coalition, Free Speech Defense and Education Fund, One Nation Under God Foundation, Pass the Salt Ministries, Eberle Associates, Downsize DC Foundation, DownsizeDC.org, Restoring Liberty Action Committee, and The Transforming Word Ministries.
Today, we filed our seventh amicus brief in support of President Trump’s immigration actions, this time, in support of his September 24, 2017 Proclamation. Our brief challenged the purported standing of the plaintiffs below, where the district court based standing on the Establishment Clause, but then granted the injunction based on statutory grounds. Our brief argued that the question in this case was a political one, exceeding the scope of judicial powers, and also raised the point that the President has inherent constitutional authority over immigration. Next, our brief demonstrated that the district court relied extensively on the Ninth Circuit’s previous opinion in Hawaii v. Trump, but that decision has since been vacated, stripping it of precedential value. Finally, we noted that the district court failed to address the public safety basis of President Trump’s Proclamation.
Today, we filed a reply brief responding to the Government’s brief in opposition on behalf of Jeremy Kettler. Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”). Read our previous discussion of the case and opening brief here.
Today, we filed an amicus brief in the U.S. Supreme Court in a case involving a warrantless search of a motorcycle under a tarp located in the “curtilage” of a home, or the area immediately surrounding it. Under the deeply flawed rule the Virginia Supreme Court applied, the Fourth Amendment has no bearing at all whenever an automobile or anything that resembles an automobile is being searched, irrespective of where the automobile is located.
Today we filed an amicus brief in the U.S. Supreme Court defending Masterpiece Cakeshop in Colorado against an order of a Colorado Administrative agency which would compel a Christian baker to facilitate and participate in the celebration of a same-sex wedding.
Today we filed an amicus brief in the U.S. Supreme Court, asking that Court to review a decision of the Fourth Circuit which would strip the Second Amendment rights of Marylanders.
Today we filed an amicus brief in the Seventh Circuit in a case challenging the City of Chicago’s buffer zone ordinance, which was designed to prevent pro-life sidewalk counselors from speaking to pregnant women at the last opportunity before they enter an abortion clinic. Our brief argued that the case should be decided as any other First Amendment case — and the First Amendment rules should not be bent because this case involves an abortion clinic. We discuss how the courts have allowed a separate abortion rights jurisprudence to have precedence over legal principles of general applicability. We also explain that the Chicago ordinance violates the often ignored First Amendment “right of the people peaceably to assemble.”
Today we filed our sixth brief in support of the Trump Immigration Executive Orders. Three of those prior briefs were in the Ninth Circuit; one in the In the Fourth Circuit; and one in the U.S. Supreme Court. In this brief, we set out four major arguments, on the critical issues which will be decided by the High Court..
First, we explain that as written and as applied the Establishment Clause only applies to efforts to “establish” a religion, and not supposedly disfavor a religion. (That is why it is sometimes called the “no establishment” clause.) We then explain the sources of the President’s authorities to restrict immigration and refugee admission. We discuss the vast power of the President over refugees. Lastly, we discuss the phony finding of animus as a rationale for judicial usurpation of the power of the political branches. (We even explain how the theories of Saul Alinsky could have helped fashion the complaint against President Trump.
Today, we filed an amicus curiae brief in the United States Supreme Court on the merits, arguing that the government may not seize and search your cell phone’s cell site location information without a warrant. This brief follows two briefs that we filed on this same issue in United States v Graham, and one in United States v. Zodhiates.
Today, we filed a brief in the U.S. Court of Appeals for the Tenth Circuit as co-counsel for the defendant, Jeremy Kettler. Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).
In purchasing his suppressor, Mr. Kettler had relied on the Kansas Second Amendment Protection Act which states that a firearm or firearm accessory (such as a suppressor) that is manufactured, owned, and kept entirely within the borders of Kansas is not subject to any federal law. When Mr. Kettler revealed that he purchased such a suppressor, however, agents from the Obama Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) swooped in to make an example of Mr. Kettler, and his co-defendant Mr. Cox.
Today we filed an amicus brief in the U.S. District Court for the Eastern District of Virginia in defense of a service member whose cell phone was searched and seized by the military in an unlawful manner. As we have in the Jones case, the Graham case, the Zodhiates case, and others we explain how the Fourth Amendment first and foremost protects property rights, not some vague “reasonable expectation of privacy.”