Today, we filed our seventh amicus brief in support of President Trump’s immigration actions, this time, in support of his September 24, 2017 Proclamation. Our brief challenged the purported standing of the plaintiffs below, where the district court based standing on the Establishment Clause, but then granted the injunction based on statutory grounds. Our brief argued that the question in this case was a political one, exceeding the scope of judicial powers, and also raised the point that the President has inherent constitutional authority over immigration. Next, our brief demonstrated that the district court relied extensively on the Ninth Circuit’s previous opinion in Hawaii v. Trump, but that decision has since been vacated, stripping it of precedential value. Finally, we noted that the district court failed to address the public safety basis of President Trump’s Proclamation.
Today we filed an amicus brief in the Seventh Circuit in a case challenging the City of Chicago’s buffer zone ordinance, which was designed to prevent pro-life sidewalk counselors from speaking to pregnant women at the last opportunity before they enter an abortion clinic. Our brief argued that the case should be decided as any other First Amendment case — and the First Amendment rules should not be bent because this case involves an abortion clinic. We discuss how the courts have allowed a separate abortion rights jurisprudence to have precedence over legal principles of general applicability. We also explain that the Chicago ordinance violates the often ignored First Amendment “right of the people peaceably to assemble.”
Today we filed a brief in the Second Circuit challenging the Government’s use of cell phone location information obtained from a cell phone provider in response to a grand jury subpoena. We explain that under the Jones and Jardines textual/historic analysis that the cell phone user has a protected privacy interest in these records.
Today we filed a brief in the Sixth Circuit supporting a Christian Funeral Home in a suit by the EEOC on behalf of a man employed by that funeral home who would like to dress in women’s clothing for one year as he “transitions.” The EEOC made the naked assertion that the claim for this employee was supported by the text of Title VII of the Civil Rights Act of 1964, but failed to explain it. (The provision relating to “sex” was inserted into the bill by Virginia Congressman Howard W. Smith to prohibit discrimination against women, as a poison pill to kill the bill, but it passed anyway.) The EEOC relied solely on the Supreme Court’s 1989 decision in Price Waterhouse v. Hopkins, which was said to prohibit “sexual stereotyping.” Our brief explains the weaknesses in that decision, and why it does not apply here. Lastly, we explained why the EEOC provision would undermine the funeral home’s Christian witness.
Today, our firm filed its fourth brief in support of President Trump’s effort to impose immigration controls. This brief supported President Trump’s second Executive Order issued on March 6, 2017 — to secure our borders against entry by those coming from select countries where their background cannot be checked.
Today, our firm filed its third brief in support of President Trump’s effort to impose immigration controls. Our brief supported President Trump’s effort to secure our borders against entry by those coming from select countries where their background cannot be checked. This brief was filed in the Fourth Circuit — with respect to the second Trump Executive Order issued on March 6, 2017.
Today we filed a brief in support of rehearing by the Ninth Circuit en banc, of the Ninth Circuit’s motions panel denial of the Trump Administration’s motion for a stay of the Temporary Restraining Order issued by a federal district judge in Washington State enjoining operation of the President’s Executive Order on immigration and refugees.
Today we filed an amicus brief in the Ninth Circuit in support of a motion to stay a Temporary Restraining Order issued by the U.S. District Court for the Western District of Washington, which prohibited enforcement of several sections of President Trump’s recent Executive Order temporarily suspending entry of certain immigrants and refugees into the United States.
Today we filed an amicus brief in the U.S. Court of Appeals for the Second Circuit opposing efforts by the Attorney General of New York from implementing new procedures requiring every nonprofit organization which solicits funds in that state to provide him with the names, addresses, and donation amounts of the organization’s largest donors. Although the Attorney General of New York insists that the information would be kept by him and not shared with the public, the First Amendment protects Americans from divulging their anonymous political activities to politicians — especially highly political politicians like state attorney generals — who know how to use their discretionary power to chill the political activities of wealthy individuals.
Today we filed a brief in support of the practice by the Rowan County Board of Commissioners to begin sessions with prayer. Predictably, the plaintiffs are deeply offended to hear the name of God mentioned, but their subjective feelings does not cause the public prayer by government officials to be transformed into a prohibited “establishment” of religion.
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.
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 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, 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.
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.
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.
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