Herb Titus was quoted in an article on the issue of recusal by Supreme Court Justices.
Congressional Research Service Cites Study on Executive Orders by Bill Olson
The Congressional Research Service today issued a report entitled Executive Orders: Issuance, Modification, and Revocation. That report twice references a study which Bill Olson co-authored entitled Executive Orders and National Emergencies: How Presidents Have Come to Run the Country by Usurping Legislative Power.
U.S. v. Wurie — Amicus Brief
On April 9, 2014, we filed an amicus curiae brief in the case of United States v. Wurie. The issue before the court is whether arresting officers can search the cell phone of a person arrested without a warrant. However, the underlying issue in Wurie and its companion case, Riley v. California, is whether the Court will continue to apply its evolving reasonable
Western Center for Journalism article on United States v. Wurie
Our amicus brief in United States v. Wurie was the subject of an article by the Western Center for Journalism.
Gun Owners of America & Gun Owners Foundation Comments to ATF on “Adjudicated as a Mental Defective”
President Obama announced that his Administration would do all in its power to stop gun violence. By that he seems to have meant reducing private ownership of firearms. Now, it turns out that he is not just doing things within his presidential power to achieve that objective – he is usurping legislative power to amend statutes unilaterally.
On January 7, 2014, the Bureau of Alcohol, Tobacco, Firearms,
United States v. Reese — Brief
Today we filed a Petition for Rehearing En Banc in the U.S. Court of Appeals for the Tenth Circuit on behalf of the Reese family.
Herb Titus Quoted in BNA Article “Aiding and Abetting Use of Firearm Requires Advance Knowledge of Gun”
Herb Titus was quoted in a Bloomberg Bureau of National Affairs (“BNA”) Criminal Law Reporter article entitled “Aiding and Abetting Use of Firearm Requires Advance Knowledge of Gun.” The article involves the case Rosemond v. United States, in which our firm filed an amicus brief on August 9, 2013.
Herb was quoted as saying that “bare knowledge of the presence of a firearm is sufficient
U.S. Justice Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System
Our firm filed comments for U.S. Justice Foundation with the U.S. Department of Health and Human Services (“HHS”) opposing its Proposed Rule designed to decrease the number of Americans who may possess firearms, particular adversely affecting Veterans.
Our comments explain that the HIPAA Privacy Rules have been perverted from their original purpose to enhance patient confidences. Especially,
Gun Owners Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System
Our firm filed comments for Gun Owners Foundation with the U.S. Department of Health and Human Services (“HHS”) opposing its Proposed Rule designed to decrease the number of Americans who may possess firearms, even for self defense in the home.
The HHS Proposed Rule (“PR”) is one of the “23 executive actions” announced by the Obama Administration allegedly in response to the Newtown,
Ohio Election Commission v. Susan B. Anthony List — Amicus Brief Filed Opposing Ohio’s “Ministry of Truth”
Taking a page out of Orwell’s novel 1984, the Ohio Elections Commission operates as a modern “Ministry of Truth’ — with the power to “determine” and “proclaim” the truth or falsity of every statement made during an Ohio political campaign. Our firm filed an amicus curiae brief in the U.S. Supreme Court, contending that the government has no legitimate role whatsoever to play
Drake v. Jerejian — Amicus Brief challenging New Jersey’s Concealed Carry Laws
In New Jersey, it is a crime to possess a firearm unless you can prove that you fit within one or more tightly-drawn statutory exemptions. One exemption allows a person to have a handgun on his own property, but he may not step one foot beyond unless the gun is fully disabled and he is heading to an approved destination.
New Jersey carry permits are like honest politicians — they are rumored to
Herb Titus Addresses Virginia House of Delegates Republican Caucus
Herb Titus was invited to address the Republican Caucus of the Virginia House of Delegates on HJR 9 — a call for a national constitutional convention for proposing amendments to the United States Constitution.
Herb explained that while the concept of using Article VI to address erroneous judicial decisions might seem tempting, it was fraught with risk. Unlike the process by which Congress may submit
Article: Chuck Baldwin on “Everyone Loves a Police State”
Pastor Chuck Baldwin discusses our brief in the Hedges challenge to military arrests under the National Defense Authorization Act.
Obamacare Contraception/Abortion Services Mandate Conestoga Wood Specialties Corp. v. Sebelius U.S. Supreme Court Amicus Brief
The story is told of a grizzled Master Sargent who, reflecting on his years of service, said: “When I joined up, homosexuality was prohibited; now it’s tolerated; and I darn sure am getting out before it’s mandatory.” So it is with respect to homosexual and abortion rights. First, the goal is said to be tolerance. Then, governmental approval and support. Lastly, any pretense of tolerance
Quinn v. Texas Brief Filed Opposing No-Knock Home Raids
Every day we read about SWAT teams serving arrest warrants or search warrants at people’s homes, using no-knock raids in the middle of the night. Many of these police home invasions go wrong, with innocent people being shot, and sometimes killed, just because they were trying to defend themselves. Even criminals have learned to claim that they are the police while breaking into homes, to discourage
Article: Our brief in Hedges case discussed
Bob Unruh’s article “Congress Grants Obama ‘Free Rein for Martial Law'” discusses our brief in the Chris Hedges challenge to the National Defense Authorization Act.
Chris Hedges v. Barack Obama Amicus Brief urges Supreme Court to bar NDAA Military Detentions of Citizens
Today our firm has filed our third amicus brief in support of Chris Hedges and the other journalists and political activists who are challenging Section 1021 of the National Defense Authorization Act of 2012 (http://www.gpo.gov/fdsys/pkg/BILLS-112hr1540enr/pdf/BILLS-112hr1540enr.pdf), and its authorization of
Article: New York Times covers our 2013 brief in NLRB v. Canning and Bill Olson’s 1981 Recess Appointment by President Reagan
Today the New York Times ran an article by its Chief Washington Correspondent Carl Hulse which discussed our brief in the NLRB v. Canning case being argued Monday. The article, entitled “Role Reversals Emerge in Dispute Over Obama’s Recess Appointments,” discussed Bill Olson’s recess appointment by President Reagan in 1981 to be Chairman of the Board of the Legal Services
Article: Utah polygamy ruling commented on by Herb Titus
Herb Titus was quoted in John Aman’s article “‘Gays’ Move Over — Here Come Polygamists” in WorldNet Daily. The article discusses Judge Clark Waddoups Memorandum Decision and Order approving of polygamy, applying the U.S. Supreme Court’s decision in Lawrence v. Texas.
United States v. James Alvin Castleman Amicus Brief in the United States Supreme Court
On December 23, 2013, our firm filed an amicus curiae brief in the U.S. Supreme Court in U.S. v. Castleman, in support of the grant of a petition for certiorari. This case involves the meaning of the term “physical force” contained in the federal law defining misdemeanor crimes of domestic violence (“MCDV”), popularly known as the Lautenberg Amendment
Passed in 1996, the Lautenberg Amendment
Comments to ATF on NFA Weapons
Today, our firm submitted comments on behalf of Gun Owners of America and Gun Owners Foundation to the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) opposing an ATF Notice of Proposed Rulemaking.
ATF’s proposed rule PR would change the requirements for applications to make or transfer certain National Firearms Act firearms and devices. Many CLEOs are opposed to an armed citizenry
Article: Liberal Law Professor: Obama is the Danger
Herb Titus was quoted in this article about the limits of the power of President Obama over matters of civil liberties in the name of national security.
Bruce James Abramski v. US — Amicus Brief in the United States Supreme Court (on the Merits)
Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in Abramski v. United States, in a case challenging the Bureau of Alcohol, Tobacco, and Firearms’ (ATF) definition of what constitutes an illegal “straw purchase” of a firearm. This case involves one of the greatest instances of regulatory and prosecutorial abuse that we have ever seen.
The concept of a “straw purchase”