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William J. Olson P.C.
Files 50th Supreme Court Brief



On May 13, 2011, with our amicus curiae brief in the Daniel Chapter One case, our firm had the privilege of making its 50th filing with the U.S. Supreme Court. This includes various types of filings: Petition for Certiorari, Jurisdictional Statement, Appellants' Brief, Reply Brief, Brief for Intervenor-Respondents, Amicus Brief at the Petition Stage, and Amicus Brief on the Merits.

Of course, most of these briefs have been amicus curiae (friend of the court) briefs, and many have addressed a wide variety of Constitutional issues --

Article I Section 1 (Delegation Doctrine)
Article I Section 2 (Census, Apportionment Clause)
Article I Section 4 (Time, Places and Manners of Elections)
Article I Section 6 (Speech & Debate Clause)
Article I Section 8 (Commerce Clause, Naturalization Clause, General Welfare Clause, Necessary & Proper Clause)

Article II Section 1 (Delegation Doctrine)
Article II Section 2 (Invasion)
Article II (Appointments Clause, Commander-in-Chief)

Article III, Section 2 (Case and Controversy, Standing, Political Question)
Article III Section 1 (Judicial Power)

Article IV Section IV (Republican Form of Government, Invasion)Article VI (Preemption)

First Amendment (Establishment Clause, Free Exercise Clause, Freedom of Speech, Freedom of Press, Right to Assemble, Right to Petition Government)
Second Amendment
Fourth Amendment
Fifth Amendment (Due Process, Equal Protection Component)
Tenth Amendment
Fourteenth Amendment (Due Process, Equal Protection, Privileges & Immunities)

Other briefs have addressed important statutory issues (U.N. Participation Act, Gun Control Act, National Firearms Act, Firearms Owners Protection Act, Uniform Code of Military Justice, Federal Election Campaign Act, etc.).

Our first Supreme Court filing was October 16, 1981, supporting the legality of President Reagan's action against striking air traffic controllers, which translates into 50 briefs in 30 years -- but we have been picking up the pace lately. Of course, we have also filed many other briefs in various U.S. District Court, U.S. Courts of Appeals, State Supreme Courts, etc. (All of these filings since the late 1990's and some earlier briefs are available on this website, and we are working to post the older filings as well.)


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"Birthright Citizenship" Study Re-Released December 13, 2005

A legal analysis of Birthright Citizenship, written by Bill Olson, Herb Titus and Alan Woll, was re-released by U.S. Border Control today. The paper, "Children Born in the United States to Aliens Should Not, by Constitutional Right, Be U.S. Citizens" was originally published in January 2001,and then updated in March 2003. The House of Representatives is expected to be considering legislation on this topic in the near future.
Michael New Reply Brief November 23, 2005

On November 23, 2005, Michael New's legal team filed a hard-hitting reply brief to the United States government's continuing attempt to avoid New's claim that his 1996 court-martial conviction for disobedience of a "lawful" order was unconstitutional. For over 10 years now, the government has sought to dismiss New's claim that a 1995 order to wear a U.N. uniform and submit to the operational control of a foreign military officer was a political question. In his reply brief, New argues convincingly that the cases upon which the government has relied are totally irrelevant, having to do with orders issued to American soliders to serve under American, not foreign, command.

Also, for 10 years now the government has insisted that the issue of the lawfulness of an order to wear the U.N. uniform was to be decided by a military judge, not by a military jury, thereby imposing the burden of proving the order's unlawfulness upon New. In his reply, New demonstrates that the government's position rests upon the mistaken, and un-American, premise that necessity requires that all military orders unhesitatingly be obeyed. What is at stake, according to the New reply brief, is whether the American military will be governed by the rule of law, or by the judicially-unreviewable political policies of a president.

Oral argument before the U. S. Court of Appeals for the D.C. is expected to be scheduled in the spring of 2006.
Citizens United, Citizens United Foundation, Amicus Brief in Wisconsin Right to Life Case November 14, 2005

Today we filed an Amicus Brief for Citizens United and Citizens United Foundation in the U.S. Supreme Court case of Wisconsin Right to Life v. FEC. The brief asks the Supreme Court to overturn a decision of a Special Three Judge District Court in the District of Columbia. The brief argues that the lower court misread the Supreme Court's decision in McConnell v. FEC resolving a "facial" challenge to the constitutionality of the "electioneering communications" provisions of the McCain-Feingold law (the Bipartisan Campaign Reform Act of 2002) to preclude future "as applied" challenges. The brief emphasizes that the judicial power to decide constitutional questions is limited to the facts as presented in an individual case or controversy and that no judicial ruling may constitutionally be imposed upon a person or entity not a party to the case. At stake, then, in this case is the reach of judicial power and the due process right of every person to have his day in court.
FSDEF Amicus Brief in United Seniors Association v. Social Security Administration October 18, 2005

We filed an Amicus Brief for the Free Speech Defense and Education Fund in support of United Seniors Association's petition for rehearing of the decision to fine them over $500,000 for using the words "Social Security" on carrier envelopes. The FSDEF brief submits that the panel misapplied the deferential agency review standard of Chevron and failed to apply the relevant Due Process standards governing statutory vagueness.
FSC Comments on FEC Electioneering Communications September 30, 2005

The Free Speech Coalition ("FSC") and Free Speech Defense and Education Fund ("FSDEF") filed these Comments with the Federal Election Commission ("FEC") on Friday, September 30, 2005, in connection with the FEC's consideration of regulations with respect to the definition of "electioneering communication."
Michael New Initial Brief September 6, 2005

We filed, on behalf of Michael New, an Initial Brief in the United States Court of Appeals for the District of Columbia Circuit. This brief presents for decision whether the district court improperly dismissed — for failure to state a claim upon which relief can be granted — each of the four counts of New's Second Amended Complaint, collaterally attacking his January 25, 1996 court-martial conviction and bad conduct discharge for having violated an allegedly lawful order contrary to Article 92(2) of the Uniform Code of Military Justice.
Herb Titus Quoted in USA Today June 27, 2005

Herb Titus was quoted in USA Today in an article as to how the U.S. Supreme Court decisions in the McCreary and Van Orden cases could affect other displays of the Ten Commandments around the country.
Olson Speaks at National Taxpayers Conference June 17, 2005

Bill Olson was a speaker at the 2005 National Taxpayers Conference, sponsored by the National Taxpayers Union and National Taxpayers Union Foundation. The topic of his presentation was "Combatting Government Threats to Nonprofit Organizations."
FSC Comments to the Federal Election Commission on Internet Communication Regulations June 3, 2005

On behalf of the Free Speech Coalition, we submitted comments to the Federal Election Commission regarding the proposed regulations on Internet communications.
Paper on Unbundling the Postal Service May 6, 2005

Bill Olson has co-authored a paper with postal economist Dr. John Haldi (of Haldi Associates, Inc.) entitled "Enhancing Competition By Unbundling the Postal Administration" which will be presented at the Thirteenth Conference on Postal & Delivery Economics, Antwerp, Belgium, June 1 – 4, 2005. http://crri.rutgers.edu/post/index.html The paper presents a possible solution to a recurrent problem associated with reforming postal administrations.

"Attempts to bring the rigors of competition to postal authorities via de-regulation have stumbled repeatedly over the following dilemma: (i) the Universal Service Obligation ("USO") has powerful political support; (ii)the postal monopoly is asserted to be necessary to assure funding of the USO; and (iii)a fully de-regulated government monopoly is unacceptable. The unbundling model presented in this paper offers a solution to this dilemma. Although scope of the existing monopoly over delivery would not be reduced by this proposal, unbundling the upstream portion of the network would reduce substantially the amount of resources protected by the monopoly, while preserving the USO."
U.S.A. Today Article on Ten Commandments Cases March 2, 2005

Herb Titus was quoted in U.S.A. Today in an article discussing the U.S. Supreme Court's hearing of oral argument in two Ten Commandments cases. "Court Enters Debate over Display of Commandments" by Joan Biskupic.
Business Mailer's Review Article Discussing Free Speech in the Mail February 14, 2005

The February 14, 2005 issue of the Business Mailer's Review contains an article about a decision of the U.S. Court of Appeals for the 9th Circuit holding that prison inmates have a right to receive bulk mail that they had requested. This article also discusses the observations of Bill Olson, FSC Legal Co-Counsel, as to the possible application of the principle established in this case to State Charitable Solicitation Laws. If prisoners can receive mail without government approval, perhaps someday citizens can receive mail from nonprofits without the sender being approved by the states. Business Mailer's Review subscription information can be found at http://www.businessmailersreview.com.
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