Heien v. North Carolina — Amicus Brief

admin Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of a North Carolina man who challenged the constitutionality of his traffic stop. A police officer pulled Heien over because his car’s right rear brake light was not functioning properly. However, North Carolina law requires only one working rear “lamp.”

The Supreme Court of North Carolina had ruled that the Fourth Read More

U.S. v. Wurie — Amicus Brief

admin 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 Read More

Ohio Election Commission v. Susan B. Anthony List — Amicus Brief Filed Opposing Ohio’s “Ministry of Truth”

admin Election Law, Nonprofit Law, U. S. Supreme Court

Taking a page out of Orwell’s novel 1984, the Ohio Elections Commission operates as a modern “Ministry of Truth’ — with the power to “determine” and “proclaim” the truth or falsity of every statement made during an Ohio political campaign. Our firm filed an amicus curiae brief in the U.S. Supreme Court, contending that the government has no legitimate role whatsoever to play Read More

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

admin 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.

New Jersey carry permits are like honest politicians — they are rumored to Read More

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

admin 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 Read More

Quinn v. Texas Brief Filed Opposing No-Knock Home Raids

admin Firearms Law, U. S. Supreme Court

Every day we read about SWAT teams serving arrest warrants or search warrants at people’s homes, using no-knock raids in the middle of the night. Many of these police home invasions go wrong, with innocent people being shot, and sometimes killed, just because they were trying to defend themselves.  Even criminals have learned to claim that they are the police while breaking into homes, to discourage Read More

Chris Hedges v. Barack Obama Amicus Brief urges Supreme Court to bar NDAA Military Detentions of Citizens

admin Constitutional Law, U. S. Supreme Court

Today our firm has filed our third amicus brief in support of Chris Hedges and the other journalists and political activists who are challenging Section 1021 of the National Defense Authorization Act of 2012 (http://www.gpo.gov/fdsys/pkg/BILLS-112hr1540enr/pdf/BILLS-112hr1540enr.pdf), and its authorization of Read More

United States v. James Alvin Castleman Amicus Brief in the United States Supreme Court

admin Firearms Law, U. S. Supreme Court

On December 23, 2013, our firm filed an amicus curiae brief in the U.S. Supreme Court in U.S. v. Castleman, in support of the grant of a petition for certiorari. This case involves the meaning of the term “physical force” contained in the federal law defining misdemeanor crimes of domestic violence (“MCDV”), popularly known as the Lautenberg Amendment

Passed in 1996, the Lautenberg Amendment Read More

Bruce James Abramski v. US — Amicus Brief in the United States Supreme Court (on the Merits)

admin Firearms Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in Abramski v. United States, in a case challenging the Bureau of Alcohol, Tobacco, and Firearms’ (ATF) definition of what constitutes an illegal “straw purchase” of a firearm. This case involves one of the greatest instances of regulatory and prosecutorial abuse that we have ever seen.

The concept of a “straw purchase” Read More

National Labor Relations Board v. Noel Canning — Amicus Brief for Citizens United

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of National Labor Relations Board v. Noel Canning, et al. in the United States Supreme Court, in support of the respondents.

In this case, the U.S. Supreme Court is considering the scope and limitations of the President’s recess appointment power.

Our brief was filed on behalf of Citizens United, Citizens United Foundation, U.S. Justice Foundation, Read More

Howard Wesley Cotterman v. US — Amicus Brief

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Howard Wesley Cotterman v. United States in the United States Supreme Court in support of petitioner.

In this case, the Ninth Circuit determined that the federal government may seize, copy, and forensically analyze the hard drive of a laptop of a U.S. citizen returning to the country, without a warrant, based merely on “reasonable suspicion.” Read More

National Rifle Association, et al. v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, et al. Amicus Brief for The Lincoln Institute for Research and Education, et al. in the United States Supreme Court

admin Firearms Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court, in support of a petition for certiorari filed by the National Rifle Association, challenging the federal prohibition against the purchase of firearms by 18-20 year olds.

Our brief noted that in the five years since Heller was decided, the lower courts have refused to follow the Heller framework for deciding cases based Read More

Tim Moose v. William Scott MacDonald Amicus Brief for Virginia Delegate Bob Marshall, et al. in the United States Supreme Court

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Tim Moose v. William Scott MacDonald in the United States Supreme Court in support of petitioner.

Our brief was filed on behalf of Virginia Delegate Bob Marshall, Virginia Senator Dick Black, Public Advocate of the United States, U.S. Justice Foundation, Institute on the Constitution, The Lincoln Institute for Research and Education, The Abraham Read More

Raymond Woollard, et al. v. Denis Gallagher, et al. Amicus Brief for Gun Owners Foundation, et al. in the United States Supreme Court

admin Constitutional Law, Firearms Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a petition for certiorari challenging Maryland’s “good and substantial reason” requirement for those who apply for a concealed carry permit.

Since Heller, which involved the “keeping” of a handgun within the home, most lower federal courts have been unwilling to give Second Amendment Read More

Rosemond v. United States Amicus Brief for Gun Owners Foundation, et al. in the United States Supreme Court

admin Firearms Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Justus Cornelius Rosemond v. United States in the United States Supreme Court in support of petitioner. Our amicus brief urges the Supreme Court to examine the question raised in this case in light of the recently decided case of Alleynev. United States’ new interpretation of Section 924(c)(1)(A), defining three Read More

Abramski v. United States Amicus Brief for Congressman Steve Stockman, et al. in the United States Supreme Court

admin Firearms Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Bruce James Abramski, Jr. v. United States in the United States Supreme Court in support of petitioner. Our amicus brief argues that the petition should be granted because it raises compelling concerns about the administration of the national instant background check system that have not been, but should be, settled by the Supreme Read More

Kerri L. Kaley v. United States Amicus Brief for Gun Owners Foundation, et al. in the United States Supreme Court

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Kerri L. Kaley v. United States in the United States Supreme Court in support of petitioners. Our amicus brief argues that the court of appeal’s preclusion of a meaningful right to challenge asset seizures imbalances the federal criminal justice system, impairs a defendant’s right to counsel of choice, and violates due Read More

Bond v. United States (Bond II) Amicus Brief for U.S. Congressman Steve Stockman, et al. in the United States Supreme Court

admin Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court attacking the notion that once a treaty has been ratified by the U.S. Senate it vests in Congress new powers not enumerated in the U.S. Constitution to implement that treaty. Specifically, we ask the Supreme Court to overrule Missouri v. Holland, 252 U.S. 542 (1920), the infamous case involving the Migratory Bird Treaty Act, Read More

Shaun McCutcheon v. FEC Amicus Brief for Downsize DC Foundation, et al. in the United States Supreme Court

admin Constitutional Law, Election Law, U. S. Supreme Court

Incumbent Congressmen must not be allowed to make it extremely difficult to challenge them for re-election, as they have done since 1971 by use of campaign finance laws.

Today we filed an amicus brief on behalf of Downsize DC Foundation, DownsizeDC.org, Free Speech Coalition, Inc., Free Speech Defense and Education Fund, U.S. Justice Foundation, Gun Owners Foundation, Gun Owners of America, Inc., Read More

United States of America v. Edith Schlain Windsor and Bipartisan Legal Advisory Group of the United States House of Representatives Amicus Brief on Jurisdiction and Standing Questions for Citizens United’s National Committee for Family, Faith and Prayer, et al. in the United States Supreme Court

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief on jurisdiction and standing questions in the case of United States of America v. Edith Schlain Windsor and Bipartisan Legal Advisory Group of the United States House of Representatives in the United States Supreme Court in support of resp. Bipartisan Legal Advisory Group.

Our amicus brief was filed on behalf of Citizens United’s National Committee for Family, Read More

Dennis Hollingsworth, et al. v. Kristin M. Perry, et al. Amicus Brief for Citizens United’s National Committee for Family, Faith and Prayer, et al. in the United States Supreme Court

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Dennis Hollingsworth, et al. v. Kristin M. Perry, et al. in the United States Supreme Court in support of petitioners.

Our amicus brief was filed on behalf of Citizens United’s National Committee for Family, Faith and Prayer, Citizens United Foundation, U.S. Justice Foundation, Gun Owners Foundation, The Lincoln Institute for Research and Education, Read More

United States of America v. Edith Schlain Windsor and Bipartisan Legal Advisory Group of the United States House of Representatives Amicus Brief for Citizens United’s National Committee for Family, Faith and Prayer, et al. in the United States Supreme Court

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of United States of America v. Edith Schlain Windsor and Bipartisan Legal Advisory Group of the United States House of Representatives in the United States Supreme Court in support of resp. Bipartisan Legal Advisory Group.

Our amicus brief was filed on behalf of Citizens United’s National Committee for Family, Faith and Prayer, Citizens United Foundation, Read More

Michael G. New v. United States — Petition for Certiorari

admin Constitutional Law, U. S. Supreme Court

Today we filed a Petition for Writ of Certiorari in the case of Michael G. New v. United States of America in the United States Supreme Court.

The petition urges the Supreme Court to grant the petition for the following reasons. First, the perfunctory disposition of petitioner’s coram nobis petition by the military courts conflicts with United States v. Denedo(Denedo II). Read More

Shelby County, Alabama v. Eric H. Holder, Jr., et al., Amicus Brief for Abraham Lincoln Foundation for Public Policy Research, Inc., et al. in the United States Supreme Court

admin Constitutional Law, Election Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Shelby County, Alabamav. Eric H. Holder, Jr., et al. in the United States Supreme Court in support of petitioner.

Our amicus brief argues that Section 5 of The Voting Rights Act (“VRA”) of 1965, as amended in 2006, exceeds the powers vested in Congress by either the Fourteenth or Fifteenth Amendment. Further, Sections 4(b) and 5 of the Read More