Citizens United v. Federal Election Commission Amicus Brief in Support of Appellant U.S. Supreme Court

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

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of appellant Citizens United on a supplemental question. The amicus brief urges that Citizens United’s challenge to federal regulation of electioneering communications be sustained, and the decisions in Austin v. Michigan State Chamber of Commerce andMcConnell v. FEC, as applied to BCRA Read More

McDonald v. City of Chicago NRA v. City of Chicago Amicus Brief in Support of Petitions for a Writ of Certiorari U.S. Supreme Court

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

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court on behalf of Gun Owners of America, Inc. and Gun Owners Foundation in support of petitioners’ request for a writ of certiorari. These cases involve challenges to City of Chicago and Village of Oak Park bans on handguns. At issue is whether the Fourteenth Amendment applies the Second Amendment right to keep and bear arms Read More

National Taxpayers Union v Social Security Administration Amicus Brief in Support of Petitioner U.S. Supreme Court

admin Administrative Law, Constitutional Law, Nonprofit Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of petitioner National Taxpayers Union. At issue in this case is the constitutionality of a statute — section 1140 of the Social Security Act — which was misused to uphold significant penalties against National Taxpayers Union for engaging in core political speech, entitled to the strongest First Amendment protection Read More

Articles on Iowa Supreme Court’s Opinion Purporting to Redefine Marriage to Include Same-Sex Couples

admin Publications

Herb Titus recently wrote two “op ed” articles arguing that the Iowa Governor has a constitutional duty not to enforce the Iowa Supreme Court’s opinion that the state constitution requires that the state’s law defining marriage must be redefined to include same-sex couples.

April 24, 2009 in the Des Moines Register

May 3, 2009 in the Sioux City Journal

Bill Olson Interviewed on Conservative Roundtable TV Show on Health Freedom Issues

admin Appearances, Health Law, Press Coverage

Bill Olson was a guest on Conservative Roundtable’s Television show to discuss health freedom issues. Among the matters discussed was the Daniel Chapter One case, where our firm is assisting in the defense of a health-related ministry promoting herbal and alternative medical products from an attack by the FTC. Information about the FTC attack on this ministry.

Link to video

Supreme Court Decides Wyeth Case

admin Constitutional Law, Health Law

The Supreme Court ruled by a 6 to 3 vote that approval of a drug by the Food and Drug Administration (FDA) does not prohibit a state court jury from finding a pharmaceutical manufacturer liable for personal injury caused by the inadequacy of an FDA-approved warning label on that drug. We had filed an amicus Read More

BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney’s Guide

admin Administrative Law, Firearms Law, Publications

On behalf of Gun Owners Foundation, our firm authored “BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney’s Guide” on July 4, 2007. The guide is intended to provide a procedural overview for attorneys unfamiliar with civil forfeiture law as it applies to firearms, including what to expect from the BATF, and how to go about recovering seized assets.
This manual has Read More

Olofson Case — Oral Argument

admin Constitutional Law, Firearms Law, U. S. Court of Appeals, Seventh Circuit

On January 22, 2009, Herb Titus presented oral argument before the U.S. Court of Appeals for the Seventh Circuit in support of David Olofson’s appeal from having been wrongfully convicted of transfering a machinegun.  At the heart of the Olofson appeal, Titus contended, is that the Government pressed a wrongful definition of a machinegun in order to secure Olofson’s conviction.  According Read More

Akins v. United States, 11th Circuit Another Brief Contesting ATF’s Definition of a “Machinegun”

admin Constitutional Law, Firearms Law, U. S. Court of Appeals, Eleventh Circuit

On November 26, 2008, the firm filed an amicus brief on behalf of Gun Owners Foundation (GOF) and Gun Owners of America (GOA) in the United States Court of Appeals for the Eleventh Circuit in support of Bill Akins.  Akins is the inventor of the Akins Accelerator — a patented replacement stock of a semiautomatic firearm that through controlled “bump firing” increases the rate of fire, after Read More

Herb Titus Quoted in Article about Electoral College

admin Press Coverage

Today, in the lead story in World Net Daily, Herb Titus discussed the constitutional obligation of the Electoral College to determine whether a candidate is constitutionally-eligible to be President, there being concerns raised as to whether Barak Obama is a “natural born Citizen.”

Article II, Section 1 of the U.S. Constitution states:  “No Person except a natural born Citizen, Read More

Gun Owners Foundation Amicus Brief Filed in United States v. Hayes U.S. Supreme Court

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

On September 26, 2008, we filed on behalf of Gun Owners Foundation an amicus brief in United States v. Hayes.  The GOF brief urged the Supreme Court to affirm a Fourth Circuit court of appeals ruling that, as a matter of statutory interpretation, an individual does not lose the right to own a gun unless the prosecutor in the misdemeanor case  proves beyond a reasonable doubt Read More

U.S. v. Ramos/Compean Amicus Brief in Support of Petition for Rehearing U.S. Court of Appeals for the Fifth Circuit

admin Constitutional Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

We filed an amicus curiae brief in the U.S. Court of Appeals for the Fifth Circuit in support of two former Border Patrol agents’ Petitions for Rehearing. This brief emphasized areas where the Fifth Circuit panel’s decision was inconsistent with the law as set forth in our earlier brief filed with the court on May 25, 2007.

Our amicus brief was filed on behalf of Congressmen Walter B. Jones (R-NC), Read More

Wyeth v. Levine Amicus Brief Filed in the U.S. Supreme Court on Behalf of The Senior Citizens League

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

On behalf of The Senior Citizens League (“TSCL”), we filed an amicus curiae brief in the Supreme Court in Wyeth v. Levine (Supreme Court Docket No. 06-1249) on behalf of the respondent, Diana Levine. The issue in this case is whether approval of a drug and its labeling by the Food and Drug Administration Read More

Free Speech Coalition Initial Comments on Cooperative Mail Rule

admin Administrative Law, Postal Law

On behalf of the Free Speech Coalition, we filed Initial Comments in Postal Regulatory Commission Docket No. PI2008 4 requesting that the Commission make no change to the cooperative mail rule (CMR) in the Postal Service’s regulations that was revised by the Postal Service in 2003. The Commission is reviewing the CMR pursuant to the Postal Accountability and Enhancement Act, Pub. L. 109 435, Section Read More