Association of Priority Mail Users, Inc. Comments on Postal Rulemaking

admin Administrative Law, Postal Law

On behalf of the Association of Priority Mail Users, Inc., our firm filed comments with the Postal Regulatory Commission addressing some of the problems associated with implementing the new Postal Accountability and Enhancement Act (“PAEA”), P.L. 109-435, which changes the manner in which rates are set for Priority Mail and other types of mail now classified by Congress as “competitive  Read More

Michael New v. Donald H. Rumsfeld — Reply Brief of Petitioner

admin Constitutional Law, U. S. Supreme Court

We filed in the United States Supreme Court a reply to the Government’s brief in opposition to former Army Specialist Michel G. New’s petition for review of his January 1995 court-martial conviction (for violation of an order requiring him to wear the United Nations uniform prescribed for deployment to a U.N. operation in Macedonia).

After we had filed the Petition for Certiorari in November Read More

Wisconsin Right to Life — Amicus Brief

admin Constitutional Law, Election Law, U. S. Supreme Court

Today we filed a Brief Amicus Curiae in the U.S. Supreme Court in the Wisconsin Right to Life case.  The brief asks the Court to reconsider its prior holdings in the McConnell and Buckley cases, and to strike down the Congressional ban on “electioneering communications.”  (We had previously filed an amicus brief in support of Wisconsin Right to Life when the case Read More

The Right of the People of Maryland to Keep and Bear Arms

admin Constitutional Law

Maryland Shall Issue, Inc. commissioned our firm to prepare an analysis of a 13-year-old Opinion of the Maryland Attorney General currently being used in the Maryland General Assembly to support SB 43, the so-called “assault weapons” ban.  Our analysis — “The Right of the People of Maryland to Keep and Bear Arms:  A Refutation of a 1994 Opinion of the Maryland Attorney Read More

Free Speech Coalition Constitutional Analysis of Restrictions on Grassroots Lobbying Contained in Section 220 of S.1

admin Constitutional Law

The Campaign Legal Center recently issued a memorandum concluding that pending Senate restrictions on grassroots lobbying in Senate Bill 1 were clearly constitutional under existing law.  We could not disagree more.  Working with Free Speech Coalition Legal Co-Counsel Mark Weinberg of Weinberg & Jacobs, LLP (http://wjlaw.com),we Read More

Michael G. New v. Donald H. Rumsfeld — SG ordered to file response

admin Constitutional Law

On December 21, 2006, William K. Suter, Clerk of the Supreme Court, wrote to the Solicitor General informing the General that, although his office had waived a right to respond to the Michael New’s petition for certiorari, the Court has directed the Clerk to request that the Solicitor General file a response to the petition on or before January 22, 2007. (This deadline was subsequently was Read More

Firm’s FOIA Litigation Against Social Security Administration Leads to Release of U.S. – Mexico Totalization Agreement

admin FOIA Law, Publications

In response to our firm’s still-pending FOIA lawsuit on behalf of TREA Senior Citizens League (TSCL) in the U.S. District Court for the District of Columbia, the Social Security Administration (“SSA”) finally released the “U.S.-Mexico Social Security Totalization Agreement,” hand-delivering it to the firm in late December 2006.

This is the first known release of the Mexican Totalization Read More

Michael G. New v. Donald H. Rumsfeld — Petition for Certiorari

admin Constitutional Law, U. S. Supreme Court

Today, we filed a petition for a writ of certiorari, seeking review by the United States Supreme Court of the dismissal of Michael G. New’s collateral attack on his January 1996 court-martial.  (Former Army Specialist New was convicted of disobedience of an allegedly lawful order for failure to wear the United Nations uniform prescribed for his unit’s deployment as part of a U.N. commanded Read More

Gun Owners Foundation Amicus Brief in United States v. Stanko

admin Constitutional Law, U. S. Court of Appeals, Eighth Circuit

Mr. Rudolph Stanko was convicted of possession of a firearm and ammunition in violation of 18 U.S.C. Section 922(g)(1), which prohibits any person from possessing a firearm or ammunition if that person has been convicted of certain types of crimes punishable by imprisonment for a term exceeding one year.  According to the statutory definition, the predicate crime cannot be any federal or state Read More

State of Wyoming v. BATF District Court Oral Argument

admin Appearances, Constitutional Law, U. S. District Court, State of Wyoming

On October 6, 2006, our attorneys had the opportunity to present oral argument in support of the Gun Owners Foundation amicus brief in Wyoming v. BATF.  At stake in this litigation before the United States District Court for the District of Wyoming is the statutory and constitutional right of the state of Wyoming to conduct its own criminal background check for purchasers of firearms in Wyoming.  Read More

State of Wyoming v. BATF Amicus Curiae Brief for Gun Owners Foundation in District Court

admin Constitutional Law, U. S. District Court, State of Wyoming

Today, our firm filed an amicus curiae brief for Gun Owners Foundation in the U.S. District Court for the State of Wyoming on behalf of the State of Wyoming, and the Wyoming Attorney General, Patrick J. Crank.

The brief was submitted in opposition to a BATF ruling that a Wyomingconcealed carry permit based on a Montana criminal background check is not sufficient to allow an FFL dealer to transfer Read More

Michael New Petition for Rehearing En Banc

admin Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

Today, the legal team for Michael New filed a petition for rehearing en banc of New’s collateral attack on his court-martial conviction for disobedience of a “lawful” order.  In his petition, New documents the unmistakable fact that the three-judge panel decision — affirming the district court’s dismissal of his complaint that he was denied due process of law Read More

Paper Demonstrates Threat to Second Amendment Rights Posed by Recent Supreme Court Reliance on International Law

admin Publications

In July, 2006, our firm prepared a paper entitled “Assessing the Threat to Second Amendment Rights Posed by the U.S. Supreme Court’s Use of Foreign Law In Constitutional Interpretation”  which was published by Gun Owners Foundation.

The paper critically analyzes two recent Supreme Court cases (Roper v.Simmons, and Lawrence v. Texas) in which the Court has relied Read More

Social Security Totalization Agreement: TSCL’s Freedom of Information Act Complaints Filed

admin FOIA Law, Litigation, U. S. District Court, District of Columbia

On June 29, 2006, we filed Freedom of Information Act complaints against both the United States Department of State and the Social Security Administration in the United States District Court for the District of Columbia.  The complaints arise from requests for records made by TSCL beginning in 2003 relating to the Social Security Totalization Agreement which the United States Government has negotiated Read More

Religious Liberty Not to Have a Social Security Number (Idaho Court of Appeals)

admin Constitutional Law, Idaho Court of Appeals

On March 17, 2006, we filed a supplemental reply brief bringing to the attention of the Idaho Court of Appeals the United States Supreme Court’s opinion in Gonzales v. UDV, in which Chief Justice John Roberts — writing for a unanimous court — construed the federal Religious Freedom Restoration Act to provide very favorable protection to individual liberty Read More

United Seniors Association v. Social Security Administration Amicus Brief Filed to Attack Federal Statute Censoring 15 Political Words

admin Administrative Law, Postal Law, U. S. Supreme Court

We filed an amicus curiae brief with the U.S. Supreme Court on behalf of the Free Speech Defense and Education Fund, Conservative Legal Defense and Education Fund, Lincoln Institute for Research and Education, Citizens United Foundation, and Downsize DC Foundation in support of United Seniors Association’s (USA) petition for a writ of certiorari.

The amicus brief takes issue with the casual Read More