President Bush’s declaration of a national state of emergency invokes stand-by powers contained in Executive Order, No. 12656 issued by President Ronald W. Reagan. Attached is a synopsis of the Executive Order as well as the Executive Order itself.
President Wilson was the first President to declare a national emergency, on February 5, 1917. Franklin Delano Roosevelt, Harry S Truman, Richard M. Nixon, James E. Carter, Ronald W. Reagan, George H.W. Bush, William J. Clinton, and George Walker Bush have all issued national emergency declarations.
The City of Louisville and Jefferson County, Kentucky, enacted ordinances to prohibit discrimination based on “sexual orientation” and “gender identity.” J. Barrett Hyman, M.D. held Biblical and constitutional objections to complying with these ordinances in his practice of obstetrics and gynecology, and his suit to have them declared unlawful was dismissed by the trial court. Our firm was retained to file an amicus curiae brief in the U.S. Court of Appeals for the Sixth Circuit explaining the unconstitutional ambiguities inherent in these ordinances and why they should be declared void for vagueness.
Bill Olson was quoted today by the Arkansas Democrat-Gazette describing how a letter circulated by the Free Speech Coalition stalled momentum for a bill requiring the disclosure of contributors to nonprofit organizations.
Did our founding fathers intend to create a republic or a democracy? A misunderstanding of the original plan leads to all sorts of other errors, yet presidents, congressmen, and federal judges still view America as a democracy, almost never employing the term republic. Is the principal purpose of government to do the will of the people or to prevent the majority from doing injustice and violence to individuals who may disagree with the majority. The Liberty Committee has published a paper by Herb Titus on this topic of enduring importance.
Our firm filed comments on behalf of the Free Speech Coalition, Inc. with the Internal Revenue Service regarding IRS temporary regulations relating to excise taxes on excess benefit transactions under section 4958 of the Internal Revenue Code. These comments were discussed on the front page of the April 30, 2001 issue of EOTR (Exempt Organization Tax Review) Weekly
Leaders of the pro-life movement in America commonly believe that the only constitutionally sound strategy for restoring the right to life is to take action at the national level. Thus, they have urged the election of pro-life presidents and members of Congress to secure the appointment of pro-life Supreme Court justices, and if necessary, a pro-life amendment to the United States Constitution. There is, however, an alternative strategy available at the state level, without overruling Roe v. Wade and its progeny.
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.
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.
Today, Bill Olson was a guest of Bill O’Reilly (The O’Reilly Factor, Fox News) to discuss President Clinton’s abuse of Executive Orders. He discussed the Separation of Powers issue, current states of national emergency, the Permanent Striker Replacement Executive Order (No. 12954), and the Grand Staircase-Escalante Monument Proclamation (No. 6920 issued under the Antiquities Act of 1906).
Our firm filed the brief of Free Speech Defense and Education Fund as amici curiae in support of petitioner in American Target Advertising, Inc. v. Francine A. Giani, Division Director, Utah Division of Consumer Protection in the United States Supreme Court. The brief argues that Utah’s Charitable Solicitations Act is unconstitutional. The Free Speech Defense and Education Fund was joined by 47 co-amici.