Today, we authored a paper entitled “The Constitutional Case for an Interstate Border Compact” for the United States Justice Foundation. Even though President Obama is hostile to national immigration law, the states could step in and take the lead. One way that they could assume this responsibility is entering into an “interstate border compact” as authorized by the U.S. Constitution.
Today our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation opposing proposed regulations issued by ATF to require not only firearms dealers, but also manufacturers and importers, to certify that secure gun storage or safety devices are maintained anywhere firearms are sold.
Today, we filed a brief in the U.S. Court of Appeals for the District of Columbia in support of a challenge to the D.C. Concealed Carry statute which was brought by Matthew Grace and others. Our brief argues that the District of Columbia Council based its argument on the notion of hidden exceptions to the Bill of Rights, and a flawed understanding of the difference between the restricted nature of firearms rights in England versus the unrestricted nature of firearms rights in the Colonies. Our brief also argues that it is illegitimate for the Court to engage in judicial balancing tests of any type, as they were barred by the Supreme Court in District of Columbia v. Heller. Lastly, we argued that the government does not have the authority to make predictive judgments as to who may violate the law and restrict liberties to prevent crimes that it fears may someday occur.
In one of the FOIA cases we have filed for Citizens United seeking emails relating to Hillary Clinton’s time at the U.S. Department of State, today we filed an Opposition to State’s last minute effort to avoid compliance with the court-ordered schedule to produce documents that it itself had earlier proposed. The State Department now wants the Court to allow it a remarkable 27 additional months to provide the requested documents. Our proposed form of order is also attached.
Today our firm filed an amicus brief in the Tenth Circuit in support of the right of Kansas to require that persons registering to vote under the National Voter Registration Act of 1994 submit documentary proof of citizenship. Our brief supported the position taken by Kansas Secretary of State Kris Kobach.
Today, our firm filed an amicus brief in support of The Independence Institute, in its challenge to certain federal election law and Federal Election Commission regulations governing electioneering communications. Under these regulations, Section 501(c)(3) organizations must report on their broadcast issue ads which mention the name of incumbent Congressmen. The required reports include certain information on donors to the nonprofit organizations. Our brief explains why these laws and regulations violate First Amendment principles of anonymity long recognized by the U.S. Supreme Court.
Today, our firm filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit, in support of a challenge to the District of Columbia’s requirement that a person must demonstrate a “good reason” in order to obtain a permit to carry a concealed weapon. Our brief noted that before Heller, the federal courts perpetuated the charade that the right of “the People” was a collective rather than an individual right. Now, we argued, the lower courts are perpetuating a new charade — that rights which “shall not be infringed” can indeed be infringed so long as the government strongly desires to do so, and judges believe the regulations are reasonable. Our brief argued that use of such “interest-balancing” tests permits judges to come to whatever result they prefer, as this case uniquely indicates.
Today we filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit defending the right of the State of Arizona to refuse to issue drivers licenses to illegal aliens who enjoy temporary protection from deportation based on President Obama’s Deferred Action for Childhood Arrivals (DACA) Program.
Today, we filed an FOIA request with the U.S. Department of Education seeking records evidencing the Obama Administration’s claimed “growing chorus of educators, parents, and students from around the country,” seeking guidance on access by so-called transgender students to public school bathrooms, showers, etc.
Today, we filed an FOIA request with the U.S. Department of Justice seeking records evidencing the Obama Administration’s claimed “growing chorus of educators, parents, and students from around the country,” seeking guidance on access by so-called transgender students to public school bathrooms, showers, etc.
Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit, opposing attempts by a girl with feelings of gender “dysphoria” to use Title IX to gain access to the boy’s bathrooms at her school. Our brief argued that one’s sex is a scientific constant, and determined by the Creator. Allowing a person’s feelings at any given time to define his gender permits individuals to decide whether and how the law applies to them. Our brief pointed out that the ruling of the district court below is not limited to bathrooms, but could be applied broadly to grant access to opposite sex locker rooms, housing, athletic teams, and other gender-restricted areas. Finally, our brief argued that the district court’s ruling sanctions sexual anarchy, and the day is not far away when a white male will “identify” as a black female in order, for example, to gain preferential treatment through reverse-discrimination (i.e., affirmative action) college admission policies. Our brief was filed on behalf of Public Advocate of the United States, United States Justice Foundation, and Conservative Legal Defense and Education Fund.