Kenosha School District v. Whitaker

admin Statutory Construction, U. S. Supreme Court

In our brief, we challenged the opinion of the U.S. Court of Appeals for the Seventh Circuit, which had concluded that there was no privacy interests of other students implicated by members of the opposite sex using their restrooms.  This, we argued, rejected out of hand the long standing and universal practice of restroom separation by sex, based on nothing more than the judges’ own policy preferences.  Moreover, we argued, the court’s opinion was utterly oblivious to the numerous adverse consequences that would flow from its decision, applying not just to restrooms but to school locker rooms and showers as well, which will lead to all manner of disruption and injury to students. Read More

Masterpiece Cakeshop v. Colorado Civil Rights Commission

Michael Harless Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court defending Masterpiece Cakeshop in Colorado against an order of a Colorado Administrative agency which would compel a Christian baker to facilitate and participate in the celebration of a same-sex wedding.

Link to brief

Article: “Court gets refresher course in who actually writes laws”

Michael Harless Press Coverage

World Net Daily ran an article about our firm’s brief filed in Zarda v. Altitude Express.  The article addressed the factual problem with the case that we raised, in that the Appellant’s brief admitted that Zarda, a homosexual, was not fired because he was homosexual, but because he “over-shared” his sexual orientation with customers.  The article also focuses on our argument that the Courts have no business legislating from the bench.

Link to article

EEOC v. Harris Funeral Home

Michael Harless 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.

G.G. v. Gloucester County School Board

Michael Harless Statutory Construction, U. S. Court of Appeals, Fourth Circuit

Today we filed our third amicus brief defending the Gloucester County School Board against an ACLU challenge on behalf of a girl who would like to be a boy.  The prior litigation involved the Obama Administration’s directives to the School Board to open the boys room and boys locker and shower facilities to Gavin Grimm.  However, President Trump rescinded those guidance letters.  Therefore, the question before the Fourth Circuit no longer whether deference should be paid to the Executive Branch, but whether federal law requires School Boards to allow students to use whatever facilities they may choose to use based on the sex with which they may self-identify.  This brief was a Supplemental Brief filed in the Fourth Circuit on that statutory issue.

Article: “Bar association’s speech code denounced as unconstitutional”

Michael Harless Press Coverage

This article in World Net Daily discusses the series of four articles our firm wrote for the U.S. Justice Foundation on the American Bar Association’s latest effort to make the nation’s lawyers behave in a politically correct manner — ABA Ethics Rule 8.4.  The article states “Titus and Olson contend it’s the ABA’s “plan to politically purify the legal profession.”

Article: Herbert W. Titus on “Judge Posner’s Emporium”

Michael Harless Publications

Today Herb Titus wrote a powerful critique of 7th Circuit Judge Richard Posner’s astonishing concurring opinion in Hively v. Ivy Tech Community College, issued April 4, 2017.  That case determined that discrimination based on “sex” really means “sexual orientation” — irrespective of what Congress meant when it enacted Title VII of the 1964 Civil Rights Act.  The article was published by the Judicial Action Group.

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.

Alabama Chief Justice Roy S. Moore v. Alabama Judicial Inquiry Commission

Michael Harless Alabama Supreme Court, Constitutional Law

The Alabama Court of the Judiciary removed Roy S. Moore, the elected Chief Justice of the State of Alabama, based on spurious grounds related to the U.S. Supreme Court’s Obergefell decision in favor of same sex marriage.  Today, we filed a brief in support of the Chief Justice’s appeal of that decision to the Alabama Supreme Court. Read More

USJF Comments opposing Mandatory Pro Bono Reporting

Michael Harless Administrative Law

There is an effort underway by elements in the federal and state judiciary and leftist lawyers and lawyer groups to increase political controls over lawyers — on whom the American people rely on to protect their interests.  Some states are trying to force lawyers to devote free legal services to favored classes of persons.   Historically, this proposal has been a cover for the misuse of law reform, class actions, emboldening the courts to legislate social policy.  And even when it extends legal services to the poor, it frequently does so at the expense of the middle class. Read More

Public Advocate FOIA Request to U.S. Department of Education

Michael Harless FOIA Law

Today, we filed an FOIA request with the U.S. Department of Education seeking records evidencing the Obama Administration’s claimed “growing chorus of educators, parents, and students from around the country,” seeking guidance on access by so-called transgender students to public school bathrooms, showers, etc.

Public Advocate FOIA Request to U.S. Department of Justice

Michael Harless FOIA Law

Today, we filed an FOIA request with the U.S. Department of Justice seeking records evidencing the Obama Administration’s claimed “growing chorus of educators, parents, and students from around the country,” seeking guidance on access by so-called transgender students to public school bathrooms, showers, etc.

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.

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. Read More