Hamilton v. Pallozzi

Michael Harless Firearms Law, U. S. Court of Appeals, Fourth Circuit

Today our firm filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit supporting the right of a Maryland resident to purchase and possess firearms despite a prior conviction. Hamilton had been convicted of a non-violent felony in Virginia and served his sentence. Later, Virginia restored his civil rights, and then a Virginia Court specifically restored his firearms rights.

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United States v. Texas

Michael Harless Constitutional Law, U. S. Supreme Court

Today we filed a brief in the U.S. Supreme Court supporting the challenge filed by Texas and 25 other states to the Obama Administration’s DAPA amnesty program.  (We had earlier filed an amicus brief in support of Texas in this case in the Fifth Circuit, where Texas prevailed.)  Our brief explains why the Executive Branch had no authority (through DAPA or otherwise) to grant unilaterally “lawful presence” to approximately 4 million illegal aliens.  It also explains that such unilateral Executive Action violates the federal separation of powers.  Lastly, it explains why the sovereign States have the right to seek federal judicial review of such unlawful and unconstitutional executive actions as they constitute a constitutional “controversy” that must be decided by federal courts in accordance with Article III, Section 2, and that the traditional rules of standing do not apply.

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Colorado Appellate Court Reverses Trial Court as to Some Colorado Gun Restrictions

Michael Harless Litigation

Our firm has been pleased to be co-counsel on a state constitutional challenge to the 2013 Colorado firearms gun control laws restricting possession of “high capacity” magazines and requiring background checks for private sales.  The Colorado Court of Appeals reversed the trial court, holding that we were entitled to a hearing on the magazine issue, but affirmed the background check issue.  Notably, one of the judges filed an important dissent.  Judge Graham’s opinion adopted our arguments that the Second Amendment is to be analyzed by a “text, history, tradition” analysis, not according to interest balancing tests such as in a pre-Heller Colorado case that used a “reasonableness” analysis.

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Wikimedia Foundation v. National Security Agency

Michael Harless Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today,we filed our third brief opposing NSA’s program of “Upstream” Internet surveillance of Americans.  Our brief urges the Fourth Circuit to reverse the decision of the District Court in Maryland which found that neither Wikimedia Foundation — which runs Wikipedia — nor the other plaintiffs in the case, had standing to challenge that surveillance.

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Birchfield v. North Dakota

Michael Harless U. S. Supreme Court

Today we filed a brief in the U.S. Supreme Court urging the High Court to reverse decisions from the Supreme Court of North Dakota and Minnesota which authorized police to force drivers to submit to warrantless blood and breath tests.  We urge the Court to apply to principles of its prior decisions in United States v. Jones, and Florida v. Jardines, which re-established the property basis of the Fourth Amendment.  We oppose reliance on the modern notion that the Fourth Amendment only protected a nontextual “expectation of privacy” — a false notion on which the two state supreme courts relied.

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Whole Woman’s Health v. Hellerstedt

Michael Harless Constitutional Law, U. S. Supreme Court

Today, we filed an amicus brief in the U.S. Supreme Court supporting two Texas laws requiring that abortions be performed only at certain types of facilities by physicians with  hospital admission privileges.   We set out why the pro-abortion petitioners, and the Obama Administration as amicus curiae, misrepresent to the Court its own abortion jurisprudence.  However, even more importantly, our brief explains why Roe v. Wade was wrongly decided.

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Americans for Prosperity Foundation v. Harris
Thomas More Law Center v. Harris

Michael Harless Nonprofit Law, U. S. Court of Appeals, Ninth Circuit

Today we filed a brief in the Ninth Circuit for the Free Speech Defense and Education Fund, the Free Speech Coalition and other nonprofits attacking a new interpretation of law by the the California Attorney General.  Under this new interpretation, as a per-condition to soliciting contributions in California, each charity must provide provide the Attorney General with its IRS Form 990 Schedule B which identifies the charity’s largest donors

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