Browner, et al. v. American Trucking Associations, et al.

Michael Harless Constitutional Law, U. S. Supreme Court

Our firm filed an amicus curiae brief in this case, which comes on a petition for a writ of certiorari to the U.S. Court of Appeals for the District of Columbia, where a bare majority ruled that Section 109 of the clean air act violated Article I, Section 1, of the United States Constitution which vests legislative power in Congress. The case generated a number of opinions, the majority insisting that there were still meaningful constitutional limits on Congressional delegation of powers, and the dissent contending that the doctrine was no longer taken seriously as a limit on Congressional power. Read More

State of North Dakota v. Family Life Services, Inc., et al. (Opinion)

Michael Harless Constitutional Law, North Dakota Supreme Court

Today, the Supreme Court of North Dakota unanimously reversed a Cass County District Court order that would have dismantled and reconstituted the board of directors of Family Life Services, a Christian pro-life ministry in the Fargo-Morehead community. North Dakota’s high court ruled that the lower court’s order turning Family Life Services over to persons whose religious views met with the approval of the trial judge violated Family Life Services’ First Amendment rights of freedom of religion. Read More

Chenoweth, et al. v. Clinton, et al.

Michael Harless Constitutional Law, U. S. Supreme Court

Today we filed an amicus curiae brief in the U.S. Supreme Court on behalf of eight members of Congress (Hon. John T. Doolittle, Hon. George Radanovich, Hon. Tom Tancredo, Hon. Bob Stump, Hon. Barbara Cubin, Hon. Tom A. Coburn, Hon. Wally Herger, and Hon. John E. Perterson) and four nonprofit organizations (Lincoln Institute for Research and Education, Gun Owners Foundation, Citizens United Foundation, and Concerned Women for America). Read More

Boy Scout Brief (on Petition for Writ of Certiorari)

Michael Harless Constitutional Law, U. S. Supreme Court

The Olson law firm filed an amicus curiae brief with the U.S. Supreme Court on behalf of Public Advocate of the United States and the Lincoln Institute for Research and Education defending the right of the Boy Scouts to determine their own leadership.

This brief urges that the U.S. Supreme Court grant certiorari and review the decision of the New Jersey Supreme Court which compels the Boy Scouts there to retain a homosexual activist as a scoutmaster, under the New Jersey state “Law Against Discrimination.” (The Supreme Court granted the petition for certiorari.) Read More

Michel v. Anderson Amicus Brief

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

Our firm filed an amicus brief for the Abraham Lincoln Foundation for Public Policy Research, Inc. in the case of Michel v. Anderson in the United States District Court for the District of Columbia supporting the plaintiff’s request for a preliminary injunction.

The U.S. House of Representatives had adopted a rule change permitting non-Member Delegates from the District of Columbia and the United States territories and the Resident Commissioner for Puerto Rico to vote in violation of Article I of the Constitution.  Our amicus brief argued the exercise of voting rights by delegates would constitute an illegal and unconstitutional exercise of legislative power. Read More

Howard Ellis, et al. v. Brotherhood of Railway, Airline and Steamship Clerks, et al.

Michael Harless Constitutional Law, U. S. Supreme Court

Representing Congressman Dickinson, this brief successfully urged the Supreme Court to grant certiorari to resolve the distinction between permissible and impermissible uses by unions of agency fees paid by those working men and woman who choose not to join unions but who are required to pay those fees under law.

Link to brief