Texas v. United States

admin Constitutional Law, U. S. District Court, Northern District of Texas

Today, we filed the only amicus brief supporting a 20-state challenge to Obamacare being led by Texas Attorney General Ken Paxton.  The case is pending in the U.S. District Court for the Northern District of Texas  In December 2017, President Trump signed the Tax Cuts and Jobs Act of 2017, which eliminated the Obamacare penalty for failing to comply with the individual mandate.  The Texas lawsuit asks that Obamacare be declared unconstitutional in its entirety, since a zero tax cannot form the basis of the exercise of the taxing power.

Link to brief

United States v. Ackerman

Michael Harless Constitutional Law, U. S. District Court, District of Kansas

Today, we filed an amicus brief in support of a motion to suppress evidence in a criminal case in the U.S. District Court for the District of Kansas.  The case is on remand from an appeal to the Tenth Circuit which resulted in a decision written by Judge (now Justice) Neil Gorsuch.  Gorsuch had pointed out that the search of an email with its attachments could constitute a violation of the email owner’s property interest protected by the Fourth Amendment, applying the Supreme Court’s United States v. Jones principle.  Our amicus brief pointed out that the Jones property principle is primary, but also, the search of the email violated the defendant’s privacy interest in the communications. Read More

Independence Institute v. Federal Election Commission

Michael Harless Election Law, U. S. District Court, District of Columbia

Today, our firm filed an amicus brief in support of The Independence Institute, in its challenge to certain federal election law and Federal Election Commission regulations governing electioneering communications.  Under these regulations, Section 501(c)(3) organizations must report on their broadcast issue ads which mention the name of incumbent Congressmen.  The required reports include certain information on donors to the nonprofit organizations.  Our brief explains why these laws and regulations violate First Amendment principles of anonymity long recognized by the U.S. Supreme Court. Read More

Christopher Hedges v. Barack Obama, et al. Amicus Brief for Virginia State Delegate Bob Marshall, et al. in the United States District Court for the Southern District of New York

Michael Harless Constitutional Law, U. S. District Court, Southern District of New York

Today our firm filed an amicus brief in the case of Christopher Hedges v.Barack Obama, et al. in the United States District Court for the Southern District of New York in support of plaintiffs. This lawsuit challenges the National Defense Authorization Act of 2012’s illegal detention provision. Anotice of motion for leave to file amicus curiae brief and supporting documents were filed with the amicus brief. Read More

United States v. Bernard von NotHaus Amicus Reply Brief for Gold Anti-Trust Action Committee in the U.S. District Court for the Western District of North Carolina

Michael Harless Constitutional Law, Litigation, U. S. District Court, Western District of North Carolina

Today our firm filed an amicus reply brief in the case of United States v.Bernard von NotHaus in the U.S. District Court for the Western District of North Carolina on behalf of Gold Anti-Trust Action Committee (GATA). On June 10, 2011, the United States filed a reponse in oppostition to the GATA amicus brief, filed May 31, 2011.

Link to brief

United States v. Bernard von NotHaus Amicus Brief for Gold Anti-Trust Action Committee in the U.S. District Court for the Western District of North Carolina

Michael Harless Constitutional Law, Litigation, U. S. District Court, Western District of North Carolina

Today our firm filed an amicus brief in the case of United States v.Bernard von NotHaus in the U.S. District Court for the Western District of North Carolina on behalf of Gold Anti-Trust Action Committee. We also filed Appendix A to our amicus brief.

Link to brief

Awad v. Ziriax, Amicus Brief in the U.S. District Court for the Western District of Oklahoma

Michael Harless Constitutional Law, U. S. District Court, Western District of Oklahoma

Today our firm filed an amicus brief on behalf of U.S. Border Control, U.S. Border Control Foundation, The Lincoln Institute for Research and Education, and Conservative Legal Defense and Education Fund in the case of Muneer Awad v. Paul Ziriax, et al. in the U.S. District Court for the Western District of Oklahoma in opposition to the plaintiff’s motion for temporary restraining order and preliminary injunction. Read More

MSSA v. Holder, Amicus Brief for Gun Owners Foundation in the U.S. District Court for the District of Montana

Michael Harless Firearms Law, U. S. District Court, District of Montana

Today our firm filed an amicus brief for Gun Owners Foundation, Gun Owners of America, Inc., and Virginia Citizens Defense League in the case of Montana Shooting Sports Association, Inc., et al. v. Eric H. Holder, Jr. in the U.S. District Court for the District of Montana.

Link to brief

 

State of Wyoming v. BATF Amicus Curiae Brief for Gun Owners Foundation in District Court

Michael Harless Constitutional Law, U. S. District Court, State of Wyoming

Today, our firm filed an amicus curiae brief for Gun Owners Foundation in the U.S. District Court for the State of Wyoming on behalf of the State of Wyoming, and the Wyoming Attorney General, Patrick J. Crank.

The brief was submitted in opposition to a BATF ruling that a Wyomingconcealed carry permit based on a Montana criminal background check is not sufficient to allow an FFL dealer to transfer a firearm without obtaining a current federal National Instant Criminal Background Check.  BATF objected to a provision in Wyoming law that permits an expungement of a misdemeanor crime of domestic violence so that it cannot be reviewed by the Wyoming Attorney General in conducting a criminal background check before issuing a concealed carry permit, while allowing the record to be maintained for use for other purposes. Read More

Michel v. Anderson Amicus Brief

Michael Harless Constitutional Law, U. S. District Court, District of Columbia

Our firm filed an amicus brief for the Abraham Lincoln Foundation for Public Policy Research, Inc. in the case of Michel v. Anderson in the United States District Court for the District of Columbia supporting the plaintiff’s request for a preliminary injunction.

The U.S. House of Representatives had adopted a rule change permitting non-Member Delegates from the District of Columbia and the United States territories and the Resident Commissioner for Puerto Rico to vote in violation of Article I of the Constitution.  Our amicus brief argued the exercise of voting rights by delegates would constitute an illegal and unconstitutional exercise of legislative power. Read More