Peruta v. California

Michael Harless Constitutional Law, Firearms Law, U. S. Supreme Court

Today we filed a brief in the U.S. Supreme Court in support of the petition for certiorari filed in the Peruta challenge to California concealed carry laws.  Our brief, however, urged the Supreme Court to grant certiorari to review a broader issue than that sought by the petitioners, and based on a more robust understanding of the protections afforded by Second Amendment than that urged by petitioners. Read More

Gloucester County School Board v. G.G.

Michael Harless Administrative Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a school board whose policy is that students should use the bathroom associated with their fixed biological sex, rather than the one that corresponds to their subjective “gender identity.”

The Obama Administration’s Department of Education had joined the lawsuit in support of a troubled young woman who thinks that she “is” a man, and who demanded to use the boy’s bathroom at her school. Read More

Independence Institute v. Federal Election Commission

Michael Harless Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief urging the U.S. Supreme Court to review an appeal filed by the Independent Institute challenging the disclosure requirements imposed by the Bipartisan Campaign Reform Act (“BCRA”) as applied to genuine issue ads.  BCRA compels the disclosure of donors to such ads over $1,000, with substantial civil and criminal penalties for failure to report this information publicly. Read More

Graham v. United States

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the U.S. Supreme Court in support of a petition for certiorari in a case involving a Fourth Amendment violation where a person’s whereabouts were tracked for months by seizing his cell site location information. We argued against the Supreme Court’s “third-party doctrine,” which holds that a person does not have a “reasonable expectation of privacy” if he voluntarily gives information to third parties. Further, the brief relied on the Court’s recently reinvigorated property rights basis of the Fourth Amendment, urging the Court to consider a person’s cell phone data and location as his property even though not a physical object. Read More

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. Read More

McDonnell v. United States

Michael Harless Constitutional Law, U. S. Supreme Court

On March 7, 2016, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of former Virginia Governor Robert McDonnell’s challenge to his conviction on federal corruption charges.

Our brief argues that setting and enforcing ethical standards applicable to state and local government officials is not among the enumerated powers vested in Congress.  Rather, such matters belong exclusively to the States and to the People of each State.  This exclusive state authority is protected not only by the Tenth Amendment, but also is secured to the States by the Constitution’s guarantee of a republican form of government.  It is the responsibility of elected State government officials to set the standards that govern communications and relationships between state and local officials and their constituents.  It is not for unelected federal prosecutors to have the power to bring down state and local officials.  If federal prosecutors are allowed to exercise such powers, what State official could be counted upon to do his duty to resist an overreach of federal power. Read More

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. Read More

Stormans, Inc. v. Wiesman

Michael Harless Constitutional Law, U. S. Supreme Court

With our brief in Stormans, our firm has now made its 100th filing in the U.S. Supreme Court. Today we filed an amicus brief in the U.S. Supreme Court defending a Christian-owned pharmacy from attack by the Washington State Pharmacy Quality Assurance Commission due to that pharmacy’s refusal to stock and sell abortifacient drugs.

Although the Pharmacy Commission is a government agency, its steps were largely directed by Planned Parenthood of the Great Northwest.
Our brief explained why the Pharmacy Commission had no basis for its rule narrowly designed to prevent pharmacies from acting on their moral and religious objections to stocking and dispensing certain types of pharmaceuticals.  Additionally, our brief demonstrated the real-world consequences of government taking sides in each political debate, so as to render unlawful any resistance to the agenda of a Secular Humanist state. Read More

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. Read More

Zubik v. Burwell
Little Sisters of the Poor v. Burwell

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed a brief supporting a challenge to the contraceptive/abortifacient imposed by Obamacare.  Our brief asked the U.S. Supreme Court to expand the scope of its review, which is now narrowly limited to the Religious Freedom Restoration Act (“RFRA”) issue, to also include the First Amendment issue.

The brief was filed on behalf of U.S. Justice Foundation, Eberle Communications Group, Public Advocate of the United States, Citizens United, Citizens United Foundation, Conservative Legal Defense and Education Fund, Institute on the Constitution, Policy Analysis Center, Southwest  Prophecy Ministries, Daniel Chapter One, and Virginia Delegate Bob Marshall. Read More

Voisine v. United States

Michael Harless Firearms Law, U. S. Supreme Court

Today we made our 10th filing in 10 years opposing various applications of what is known as the so-called “Lautenberg Amendment,” which purports to impose a lifetime ban on firearms ownership on those who commit certain misdemeanors. The anti-gun lobby seeks to strip gun ownership from as many persons as possible, even if the misdemeanor was a minor matter, involving neither firearms nor violence. Read More

Obergefell v. Hodges
Tanco v. Haslam
DeBoer v. Snyder
Bourke v. Beshear

Michael Harless Constitutional Law, U. S. Supreme Court

Today, we filed an amicus curiae brief in the U.S. Supreme Court opposing efforts to have the Court force homosexual marriage on the States and the People.

The brief was filed on behalf of: Public Advocate of the U.S., Joyce Meyer Ministries, U.S. Justice Foundation, The Lincoln Institute, Abraham Lincoln Foundation, Institute on the Constitution, Conservative Legal Defense and Education Fund, and Pastor Chuck Baldwin. Read More

Los Angeles v. Patel — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

Our firm filed yet another amicus curiae brief in our continuing effort to revitalize and extend the property basis of the Fourth Amendment. Here the case involved applying the Fourth Amendment to protect certain commercial records of hotels — guest registers.

Our brief was filed on behalf of Gun Owners of America, Inc., Gun Owners Foundation, U.S. Justice Foundation, Lincoln Institute for Research and Education, Abraham Lincoln Foundation, Downsize DC Foundation, DownsizeDC.org, Conservative Legal Defense and Education Fund, and Policy Analysis Center. Read More

Jackson v. City & County of San Francisco — Amicus Brief

Michael Harless Constitutional Law, Firearms Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a challenge to San Francisco’s gun storage and ammunition ordinances.

This decision comes as the latest in a long string of decisions wherein the lower federal courts simply have refused to implement the decision of the U.S. Supreme Court in Heller. As our amicus brief explains, the lower federal courts are in a state of open rebellion in the lower courts against Heller. Our amicus brief documents the lawless behavior of the lower federal courts, and urges the U.S. Supreme Court to grant certiorari. Read More

King v. Burwell (Obamacare, Round III) — Amicus Brief

Michael Harless Constitutional Law, Health Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in opposition the Obamacare healthcare “exchanges” created by the federal government contrary to the plain language of the statute.

The Affordable Care Act (“ACA”) authorized tax credits only for taxpayers who purchase qualified health insurance through an “Exchange” which was established by a state. However, after ACA was enacted, state legislatures reflected popular opposition to Obamacare, and only 16 states created such Exchanges, despite being offered federal bribes to do so. Read More

Henderson v. United States — Amicus Brief

Michael Harless Firearms Law, U. S. Supreme Court

Tony Henderson was convicted in federal court of a felony drug crime. Before conviction, he had voluntarily turned over his firearms to the FBI. After conviction, knowing that, as a felon, he could no longer legally possess firearms under 18 U.S.C. Section 922(g)(1), Henderson sold his firearms to a third party. Henderson then asked the FBI to transfer his firearms to that eligible third party buyer. The FBI refused, arguing that to do so would put Henderson into temporary “constructive possession” of the firearms. Read More

Rodriguez v. United States — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court, urging that the Fourth Amendment be applied to all searches and seizures of automobiles. We asked the Court to leave no latitude for judges to compromise away the constitutionally-protected civil liberties of Americans to serve the “needs” of law enforcement.

In Rodriguez, a police officer in Nebraska stopped a Mercury Mountaineer occupied by two men that allegedly swerved onto the shoulder and then back onto the road. He wrote them a warning, and returned their licenses and other paperwork, ending the traffic stop. He then asked if they minded if he ran his drug dog around the car. The driver objected, but instead of letting them go, the officer detained them again, ordering them not to move until backup arrived. The drug dog “alerted” on the vehicle and the police found drugs. Read More

Rudy v. Lee — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

Today, our firm filed a friend-of-the-court brief in the U.S. Supreme Court, supporting a patent attorney’s claim that a law mandating an increase in patent application fees was invalid because it was signed into law by President Obama who does not meet the constitutional requirement to be a “natural born citizen.” The lower courts in the case ruled that the question of President Obama’s citizenship is a “political question” and thus an issue for Congress — not the courts — to decide. Read More

Johnson v. United States — Amicus Brief

Michael Harless Firearms Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in the caseJohnson v. U.S., No. 13-7120.

The Petitioner, Johnson had been convicted of being a felon in possession of a firearm. Ordinarily, the trial judge would have had discretion to sentence Johnson up to 10 years in prison. However, the judge determined that Johnson met the definition of an “armed career criminal” under federal law, and thus subjecting him to a mandatory minimum sentence of 15 years. Read More

Heien v. North Carolina — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of a North Carolina man who challenged the constitutionality of his traffic stop. A police officer pulled Heien over because his car’s right rear brake light was not functioning properly. However, North Carolina law requires only one working rear “lamp.”

The Supreme Court of North Carolina had ruled that the Fourth Amendment requires only that the police act “reasonably,” based on a judicial evaluation of the “totality of the circumstances.” Applying a type of freestanding balancing test derived from past Supreme Court cases, the court decided that it believed the police officer’s alleged mistake of law was a reasonable one. Thus, the old maxim has been revised to “ignorance of the law is no excuse — unless you are the one enforcing the law.” Read More