Daniel Chapter One v. Federal Trade Commission, Amicus Brief in the U.S. Supreme Court

Michael Harless Health Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Daniel Chapter One, et al. v. Federal Trade Commission in the United States Supreme Court in support of petitioners’ petition for writ of certiorari. Our amicus brief was filed on behalf of U.S. Justice Foundation (www.usjf.net) and Conservative Legal Defense and Education Fund (www.cldef.org).

Our brief argues that the Court of Appeals erroneously allowed the FTC to assert jurisdiction over Daniel Chapter One and that requiring Daniel Chapter One to substantiate its product claims by “controlled clinical studies” is outside FTC’s statutory authority. Further our brief argues that no government has authority to dictate the health care choices of competent individuals. Lastly, parts of the FTC’s order substantially burden Daniel Chapter One’s exercise of religion in violation of the Religious Freedom Restoration Act and contravene the First Amendment principle of speaker autonomy.

Today our amicus brief was covered by the WorldNetDaily article “Can government tell Christian ministries what to say? Brief cites 1785 law that compelling ‘propagation of opinions’ is ‘tyrannical'” by Bob Unruh.

Link to brief