Klein v. Oregon Bureau of Labor and Industries

admin Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief supporting the owners of a small bakery in Oregon (Sweetcakes by Melissa) who refused to bake a wedding cake for a same-sex wedding because of their religious convictions.  For this, they were fined $135,000 and ordered to cease and desist following their religious convictions.  This case is similar to Colorado, Masterpiece Cakeshop, a case in which we filed two briefs, but which was not decided on the central issue — the extent to which public accommodation can restrict the Free Exercise of Religion. Read More

National Institute of Family and Life Advocates (NIFLA) v. Becerra

admin Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief in the United Sates Supreme Court on the merits to help protect the Crisis Pregnancy Centers (CPCs) of California from a California law which mandates that the CPCs provide information about the availability of abortions.  We had earlier filed an amicus brief in support of NIFLA’s petition for certiorari.

Our brief was filed on behalf of Conservative Legal Defense and Education Fund, Free Speech Coalition, Free Speech Defense and Education Fund, One Nation Under God Foundation, Pass the Salt Ministries, Eberle Associates, Downsize DC Foundation, DownsizeDC.org, Restoring Liberty Action Committee, and The Transforming Word Ministries. 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

Trump v. IRAP

Michael Harless Constitutional Law, U. S. Supreme Court

Today we filed in the U.S. Supreme Court an amicus brief supporting President Trump’s challenge to the Fourth Circuit decision which approved a Maryland judge’s injunction against his Executive Order.  Our brief supports both President Trump’s application to stay this injunction, and supports his petition for certiorari.  The brief addressed three broad points.

First, we explain how the rationale underlying the district and circuit court decision undermines the President’s inherent and statutory authority to control immigration into the United States.  We ask the Court to consider whether this rationale could also be applied to enjoin Presidentially ordered military operations against Islamic nations. Read More

Hawaii v. Trump

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

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.

Our first two briefs were filed in the Washington State challenge, in the Ninth Circuit — one on February 6, 2017 and one on February 16, 2017, with respect to the first Trump Executive Order issued on January 27, 2017.  Our third brief was filed in the Fourth Circuit in litigation brought by IRAP on March 31, 2017. 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. Read More

IRAP v. Trump

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

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. Read More

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. Read More

Washington v. Trump

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

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.

We previously filed another brief in this case on February 6, 2017, in support of the Trump Administration’s motion for stay. Read More

State of Washington v. Donald J. Trump

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

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.

Link to brief

 

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.

Link to brief

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.

In our 55-page brief, in addition to other issues, our brief takes on the distinctly unconstitutional notion that decisions of the U.S. Supreme Court constitute the Supreme Law of the Land. Read More

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.

Although the Pharmacy Commission is a government agency, its steps were largely directed by Planned Parenthood of the Great Northwest.
Our brief explained why the Pharmacy Commission had no basis for its rule narrowly designed to prevent pharmacies from acting on their moral and religious objections to stocking and dispensing certain types of pharmaceuticals.  Additionally, our brief demonstrated the real-world consequences of government taking sides in each political debate, so as to render unlawful any resistance to the agenda of a Secular Humanist state. Read More

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.

The brief was filed on behalf of U.S. Justice Foundation, Eberle Communications Group, Public Advocate of the United States, Citizens United, Citizens United Foundation, Conservative Legal Defense and Education Fund, Institute on the Constitution, Policy Analysis Center, Southwest  Prophecy Ministries, Daniel Chapter One, and Virginia Delegate Bob Marshall. Read More

United States v. Monifa J. Sterling

Michael Harless Constitutional Law, U. S. Court of Appeals, Armed Forces

Today our firm filed in the U.S. Court of Appeals for the Armed Forces an amicus brief defending the right of a United States Marine to post small signs containing Bible verses at her work station.

Marine Lance Corporal Monifa Sterling printed and taped a paraphrase of Isaiah 54:17 at three places around her workspace:  “No weapon formed against me shall prosper.”  The three locations were designed to represent the Trinity, that is, the three persons of the Godhead — Father, Son, and Holy Spirit.  Her Staff Sergeant twice ordered Sterling to take the display down.  Sterling twice refused, explaining that the signs were based on her religion, meant for her alone, and not meant to offend anyone.  Sterling was court-martialed for several offenses including disobeying the orders to remove her signs.  Sterling appealed her conviction on the grounds that the order to remove her signs violated her First Amendment Free Exercise rights and the Religious Freedom Restoration Act. Read More