EEOC v. Harris Funeral Home

admin Constitutional Law, Statutory Construction, U. S. Court of Appeals, Sixth Circuit

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.

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.

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.

Article: WorldNetDaily Covers Our Amicus Brief in Chris Hedges Challenge to NDAA

Michael Harless Press Coverage

Bob Unruh’s article discusses the tragedy of the U.S. Supreme Court denial of Chris Hedges’ petition for certiorari challenging the constitutionality of National Defense Authorization Act of 2012. NDAA 2012 allows the U.S. military to arrest and detain, without charges, counsel, or trial, anyone thought by the government to be a threat based on vague standards. Read More

Memorandum for Delegate Bob Marshall Discussed in Washington Post Blog Article “Del. Marshall, again, urges McDonnell to sign detention bill”

Michael Harless Press Coverage

This Washington Post blog article “Del. Marshall, again, urges McDonnell to sign detention bill” by Anita Kumar discusses the memorandum written by Herb Titus for Delegate Bob Marshall on H.B. 1160 — A bill to Prevent Virginia from Aiding the U.S. Military in the Detention of Virginians under the National Defense Authorization Act of 2012. Delegate Bob Marshall sent this legal analysis of H.B. 1160 to Govenor Bob McDonnell.

Memorandum for Delegate Bob Marshall on H.B. 1160 — A bill to Prevent Virginia from Aiding the U.S. Military in the Detention of Virginians under the National Defense Authorization Act of 2012

Michael Harless Publications

Herb Titus wrote a memorandum for Delegate Bob Marshall on H.B. 1160 — A bill to Prevent Virginia from Aiding the U.S. Military in the Detention of Virginians under the National Defense Authorization Act of 2012. The memorandum discusses the interplay between Virginia H.B. 1160 and the federal law that it addresses, the National Defense Authorization Act of 2012. Read More