American Thinker published our analysis of the Carpenter v. United States decision, issued yesterday.
Citizens United v. Department of Justice (Case No. 1:18-cv-01446)
Today, on behalf of Citizens United, we filed a Complaint under the Freedom of Information Act against the Justice Department, seeking certain records relating to communications between former Assistant Attorney General for Legislative Affairs Peter Kadzik and former FBI agent Peter Strzok. The case was filed in the U.S. District Court for the District of Columbia.
Article: Bill Olson & Herb Titus on “Supreme Court’s Masterpiece Cakeshop Decision Kicks the Can Down the Road”
Restoring Liberty published our analysis of the Masterpiece Cakeshop decision, issued yesterday.
Article: David Bossie — State Dept. says it’ll take 45 to 65 YEARS to provide records
David Bossie of Citizens United discusses State Department resistance to providing records relating to potential illegality during Obama Administration. Discusses two of the cases we have been litigating for Citizens United.
Gundy v. United States
Today, we filed an amicus merits brief in the Supreme Court addressing the 80-year old anti-delegation doctrine. Our brief explains why the “intelligible principle” test that was adopted by the Court has failed to uphold the constitution’s structural integrity. We explain that separation of powers is essential to preserve the liberty of the American people. And we explain why it is particularly problematic for Congress to delegate to an unelected bureaucrat the power to criminalize behavior.
Citizens United v. Department of State (Case No. 1:18-cv-01252)
Today, on behalf of Citizens United, we filed a Complaint under the Freedom of Information Act against the State Department, seeking certain records relating to contracts between the U.S. Department of State and various individuals including Christopher Steele and Fusion GPS. The case was filed in the U.S. District Court for the District of Columbia.
Article: CT Tribune — “State Dept. Asks Judge for 45 Years to Review Fake Dossier Docs”
This article in CT Tribune covered our FOIA lawsuit for Citizens United against the U.S. Department of State to obtain Obama official Victoria Nuland’s emails.
Article: Daily Caller Article Discusses our ATF Comments
Daily Caller article discusses our comments opposing Bump Stock Ban for Gun Owners Foundation.
Article: Multiple Pro-Gun Groups Submit Comments to ATF Over Proposed Bump Stock Ban
Townhall covered our comments to ATF on Bumpstock Regulations for Gun Owners Foundation.
Comments to ATF Opposing Bump Stock Restrictions (Round 2)
Today we submitted another set of comments to ATF opposing its Notice of Proposed Rulemaking which would reverse long-standing ATF policy to determine, in violation of federal law, that a “bump fire” stock constitutes a “machinegun.” Our comments were filed on behalf of Gun Owners Foundation. Earlier, on January 18, 2018, we filed comments for GOF on the ATF’s Advance Notice of Proposed Rulemaking.
Texas v. United States
Today, we filed the only amicus brief supporting a 20-state challenge to Obamacare being led by Texas Attorney General Ken Paxton. The case is pending in the U.S. District Court for the Northern District of Texas In December 2017, President Trump signed the Tax Cuts and Jobs Act of 2017, which eliminated the Obamacare penalty for failing to comply with the individual mandate. The Texas lawsuit asks that Obamacare be declared unconstitutional in its entirety, since a zero tax cannot form the basis of the exercise of the taxing power.
United States v. Ackerman
Today we filed our second amicus brief in the Ackerman case. Our first brief was filed in the U.S. District Court for the District of Kansas, and today’s brief was filed in the Tenth Circuit. This case involves the power of the government to conduct searches and seizures of email and attachments to email. The District Court decision upholding the search was entirely based on the “reasonable expectation of privacy” atextual judicial construct. When this case was before the Tenth Circuit previously, that Court raised the property basis of the Fourth Amendment set out in United States v. Jones in 2012, but this issue was not addressed by the District Court.
In the third section of our brief, we explain the history of the property foundation of the Fourth Amendment from before its ratification, through its abandonment, and now through its return to primacy in Fourth Amendment jurisprudence. (Now-Justice Gorsuch authored the earlier Tenth Circuit opinion focusing on the property principle.)
IFS v. Becerra
Today, we filed a brief in the Ninth Circuit supporting a challenge against the California Attorney General’s demands for the large donor lists (IRS Form 990 Schedule B) of charitable organizations who wish to register to solicit donations in that state. We argued that the AG’s requirement creates a condition precedent that violates the right to peacably assemble. We also explained that the new rule does not only risk public dissemination of donor information, as has already happened in California, but also the risk that politicized Attorney Generals in New York and California — Kamala Harris, Xavier Becerra, and Eric Schneiderman — would misuse the information. We also raised the distinct possibility that the AG is committing the federal crime of solicitation of taxpayer information because it is conditioning the ability to raise funds in California on the “voluntary” provision of the confidential donor lists. Finally, we argued that 9th Circuit precedent in similar cases improperly relied on election law cases, requiring that IFS’ case be heard en banc.
New York v. Trump (DACA)
Just before midnight tonight, we filed our fourth brief defending President Trump’s rescission of President Obama’s unconstitutional DACA program. This brief was filed in the Second Circuit, which is considering an appeal from a “nationwide” or “universal” injunction issued by one Democrat lawyer currently serving as an unelected federal district judge in Brooklyn, who had been appointed in 2000 by President Clinton — Nicholas G. Garaufis.
Article: Court Filing Shreds Judges with Abortion Agendas
World Net Daily reviewed our brief in Whole Women’s Health v. Paxton. This article stressed our argument that judges who do not exhibit “good behavior” while in office are subject to removal.
EEOC v. Harris Funeral Homes, Inc. — Sixth Circuit Discusses Our Amicus Brief
The Sixth Circuit’s decision, issued today, addressed an issue that our amicus brief had raised, which had not been raised by the parties. That issue was whether the Harris Funeral Home qualified under the “ministerial exception” to Title VII of the Civil Rights Act of 1964. The Sixth Circuit disagreed, ruling that the Funeral Home did not qualify. Unfortunately, the Harris Funeral
Whole Woman’s Health v. Paxton
Today we filed an amicus brief supporting efforts by the State of Texas to outlaw unbelievably cruel and barbaric dismemberment abortions.
Trump v. Hawaii
Today, we filed our eighth brief in support of President Trump’s efforts to bar those coming from terror-prone areas of the world to travel to the United States. This brief was filed in the U.S. Supreme Court, on the merits.
Jon R. Rogers v. Executive Office for United States Attorneys (Case No. 18-cv-00454)
Today we filed suit under FOIA against an office in the U.S. Department of Justice, seeking records concerning a long-closed government investigation and seizure of assets.
Our Firm’s Amicus Briefs for GOA Ranked Among Highest in Policy Shifting Cases
Empirical SCOTUS ranked the amicus briefs we filed for Gun Owners of America (“GOA”) tied for 13th in the country in “Policy Shifting Cases” during the period 2000-16. This analysis focused on cases where the High Court struck down statutes as unconstitutional or overturned its own precedents. In this listing, GOA was rated above long-time powerhouse interest groups like
Ulbricht v. United States
Today we filed an amicus brief in support of a petition for certiorari in the U.S. Supreme Court addressing important Fourth And Sixth Amendment issues. The investigation into Ross WilliamUlbricht, the founder of the “Silk Road” website, involved numerous Fourth Amendment violations in the search and seizure of his Internet Communications records. Additionally, Ulbricht had been sentenced to life imprisonment, and there is now no parole in the federal system, based on a judge’s findings of fact based on the preponderance of the evidence, in violation of his right to a jury trial.