Brewer v. Arizona Dream Act

Michael Harless Constitutional Law, U. S. Supreme Court

Today, our firm was honored to have filed its 100th amicus brief in the U.S. Supreme Court.  This brief supported a petition for certiorari filed by the state of Arizona.  Arizona is seeking to have the Supreme Court review and reject a Ninth Circuit opinion which struck down Arizona’s decision not to issue driver’s licenses to illegal aliens who are part of President Obama’s unconstitutional DACA program. Read More

National Institute of Family and Life Advocates v. Becerra

Michael Harless Constitutional Law, U. S. Supreme Court

Today, we filed an amicus brief in the United States Supreme Court in support of a petition to protect the Crisis Pregnancy Centers in California.  The California Reproductive FACT Act requires these pro-life centers to disseminate to those who seek its services, information explaining the easy availability of taxpayer subsidized abortion.  Our brief explains that this state law violates the Declaration of Independence’s recognition of protected “unalienable rights,” violates the law of our Creator, violates the Constitution’s Free Speech protections, and violates the Free Exercise Clause.  Lastly, we explain that the Ninth Circuit’s decision upholding this law has no limiting principle, and therefore could next be used to ban entirely Crisis Pregnancy Centers across the state.

Welch v. Brown

Michael Harless Constitutional Law, U. S. Supreme Court

Today, we filed an amicus brief in the Supreme Court in support of a petition for writ of certiorari, asking the Court to review a California ban on mental health providers pro-hetrosexual therapies to minors.  Interestingly, the California law, SB 1172, does not ban pro-homosexual therapies.  We reject the notion that the Free Exercise Clause was written to give special rights to religious people.  We explain that SB 1172 violates the Free Exercise Clause, which operates as a jurisdictional barrier to the power of States, barring California’s encroachment upon matters of opinion outside its civil jurisdiction.  We also demonstrated that the State’s inherent police power does not permit it to conditioning licensing in order to suppress politically correct and morally unpopular medical treatments under the guise of protecting minors.

Lund v. Rowan County

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

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.

Grimm v. Gloucester County School Board

Michael Harless Constitutional 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, 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.

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.

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.

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. Read More

John Albert Dummett, Jr. & Edward C. Noonan v. Alejandro Padilla — Petition for Certiorari

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

Today our firm filed a Petition for Writ of Certiorari seeking U.S. Supreme Court Review of two decisions of the California Courts which held that the California Secretary of State had no duty to determine whether a candidate for President of the United States is eligible to serve, if elected, before placing his name on the official state election ballot. Read More

Kolbe v. O’Malley — Amicus brief

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

Ever since the U.S. Supreme Court determined that the Second Amendment protected every citizen’s right to “keep and bear arms” in its 2008 Heller decision, lower federal courts have sought to evade the application of that rule. That pattern is now continuing in Maryland where a district judge has upheld the Maryland 2013 Firearms Safety Act (“Act”) which bans (i) so-called “assault weapons” and (ii) so-called “large-capacity magazines” that hold more than 10 rounds of ammunition. 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

U.S. v. Wurie — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

On April 9, 2014, we filed an amicus curiae brief in the case of United States v. Wurie. The issue before the court is whether arresting officers can search the cell phone of a person arrested without a warrant. However, the underlying issue in Wurie and its companion case, Riley v. California, is whether the Court will continue to apply its evolving reasonable expectation of privacy test birthed in Katz v. United States to searches incident to arrest, or instead continue with its restoration of property principles begun inUnited States v. Jones and Florida v. Jardines. Read More

Drake v. Jerejian — Amicus Brief challenging New Jersey’s Concealed Carry Laws

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

In New Jersey, it is a crime to possess a firearm unless you can prove that you fit within one or more tightly-drawn statutory exemptions. One exemption allows a person to have a handgun on his own property, but he may not step one foot beyond unless the gun is fully disabled and he is heading to an approved destination. Read More

Obamacare Contraception/Abortion Services Mandate Conestoga Wood Specialties Corp. v. Sebelius U.S. Supreme Court Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

The story is told of a grizzled Master Sargent who, reflecting on his years of service, said: “When I joined up, homosexuality was prohibited; now it’s tolerated; and I darn sure am getting out before it’s mandatory.” So it is with respect to homosexual and abortion rights. First, the goal is said to be tolerance. Then, governmental approval and support. Lastly, any pretense of tolerance disappears, and the coercive force of government is used to eliminate any vestige of opposition. The Obamacare contraception/abortion mandate demonstrates that our nation is at the end of phase two, moving into phase three. Read More