Texas v. ATF — Temporary Restraining Order Issued

Jeremiah Morgan Administrative Law, Firearms Law, Litigation, U. S. District Court, Northern District of Texas

Last night, on the eve of the effective date of the ATF’s final rule “Definition of ‘Engaged in the Business’ as a Dealer in Firearms,” the U.S. District Court for the Northern District of Texas issued a temporary restraining order until June 2 against the enforcement of the rule against Texas, Jeffery Tormey, Gun Owners of America, Inc., Gun Owners Foundation, Tennessee Firearms Association, Read More

Baird v. Bonta — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed an amicus brief in a challenge to California’s near-complete ban on open carry of firearms. Our brief exposed how the district court rewrote the issues of the case so that it could reach its own predetermined decision, criticized and then rejected the Supreme Court’s decision in Heller and Bruen, and upheld yet another California law violating Read More

Lake v. Fontes — Amicus Brief for Maricopa County GOP

Jeremiah Morgan Constitutional Law, Election Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of the petition for writ of certiorari filed by Kari Lake and Mark Finchem to challenge election procedures used in Arizona in 2022. Our brief was filed for the Maricopa County Republican Committee, 10 other county GOP committees, the Nebraska and New Mexico State Republican Parties, and CLDEF. Our brief discussed how the courts have repeatedly found Read More

Lake v. Fontes — Amicus Brief Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, Election Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for writ of certiorari filed by Kari Lake, former candidate for governor of Arizona and current candidate for U.S. Senate. Lake filed suit against Arizona to require that it follow Arizona law to ensure the integrity of elections when using electronic voting machines. Our amicus brief supported the standing of Lake to bring the challenge, Read More

Firm files 10 Amicus Briefs in 63 days

Jeremiah Morgan Special Category

Today, we filed the last of a series of 10 amicus briefs filed over the past 63 days — including seven Supreme Court merits briefs and three briefs in courts of appeal. The topics included: First Amendment protections of nonprofit organizations; removal of Trump from the ballot; bump stocks; Jan 6 prosecutions; Deep State censorship; Texas’ protection of the border; handgun licensing; Read More

Trump v. United States — Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of the President having immunity from criminal prosecution for official acts taken while in office. Our amicus brief explained that the Constitution provides for impeachment of the President, and there are other principles which support the immunity of the President. Allowing criminal prosecution results in specious charges such as the ones in this Read More

U.S. v. Texas — Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed an amicus brief in support of Texas’ SB4, which allows law enforcement to arrest individuals suspected of unlawfully being in the United States and Texas. The Biden Administration filed suit against Texas seeking to have SB4 enjoined. Our amicus brief argued that Texas has the authority under Article I, Section 10, Clause 3 and as a sovereign entity to defend itself and Read More

Gun Owners of America v. Raoul — Petition for Certiorari

Jeremiah Morgan Constitutional Law, Firearms Law, Litigation, U. S. Supreme Court

Today, our firm, with Stephen Stamboulieh, Esquire, filed a Petition for Writ of Certiorari, seeking review of the Seventh Circuit’s holding that the Illinois ban on so-called “assault weapons” does not violate the Second Amendment. Our petition explained how the Seventh Circuit resists the Supreme Court’s decisions on the Second Amendment, instead creating a dichotomy between Read More

Maryland Shall Issue v. Moore — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Fourth Circuit

Today, our firm filed an amicus brief in support of a challenge to Maryland’s handgun license requirement. Our brief set out the history of the Fourth Circuit’s rejection of the Supreme Court’s decisions on the Second Amendment, and demonstrated that the permit requirement violates the Second Amendment as well as the Bruen test. Our brief concluded by providing examples of individuals Read More

U.S. v. Abbott — Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed an amicus brief in support of Texas Governor Abbott’s installation of floating barriers on the Rio Grande. Our brief argued that Texas has the inherent power as a sovereign entity to defend its people against invasion across its borders. Our brief also demonstrated that Texas’ actions are consistent with Article I, Section 10, Clause 3 as it is under an “actual Read More

Antonyuk v. James — Petition for Certiorari

Jeremiah Morgan Constitutional Law, Firearms Law, Litigation, U. S. Supreme Court

Today, our firm, with Stephen Stamboulieh, Esquire, filed a Petition for Writ of Certiorari, seeking review of the Second Circuit’s decision in upholding the New York Concealed Carry Improvement Act. Our petition seeks review of New York’s good moral character requirement as well as the expansion Read More

Murthy v. Missouri — Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief on the issue of government censorship committed by coercing Big Tech social media companies to do the censoring of protected speech. Our amicus brief presented additional arguments to support the respondents’ claims that they had standing to sue the federal agencies and to counter the government’s claims that the First Amendment protects its coercive Read More

Fischer v. United States — Amicus Brief

Jeremiah Morgan Constitutional Law, Statutory Construction, U. S. Supreme Court

Today, our firm filed an amicus brief on the merits opposing the Biden Justice Department’s use of the Sarbanes-Oxley anti-shredding statute against the January 6 defendants. The statute, which can be used to impose sentences of up to 20 years in prison, was passed in the wake of the Enron document shredding scandal, but is now being used by the Biden DOJ as a cudgel to obtain guilty pleas Read More

Garland v. Cargill — Amicus Brief

Jeremiah Morgan Administrative Law, Constitutional Law, Firearms Law, Statutory Construction, U. S. Supreme Court

Today, our firm filed our fifth amicus brief opposing the ATF’s Rule banning bumpstocks — and our third amicus brief in this case. Our amicus brief argued that the bumpstock rule was politically motivated and was not based on a better interpretation of the statutes relating to machineguns. We also explained how the technical mechanisms of a semi-automatic rifle operates, both with and Read More

Trump v. Anderson — Amicus Brief

Jeremiah Morgan Constitutional Law, Election Law, U. S. Supreme Court

Today, our firm filed an amicus brief opposing an effort to remove President Trump from the primary ballot in Colorado. The challengers claim that Trump engaged in “insurrection” and thus is ineligible to be President under Section 3 of the Fourteenth Amendment, and the Colorado Supreme Court agreed, in a 4-3 decision. Our amicus brief urged the U.S. Supreme Court to decide only the Read More

NRA v. Vullo — Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of NRA’s challenge to the New York Department of Financial Services (DFS) coercion of banks and insurance companies doing business with the NRA because it is pro-gun. We previously filed an amicus brief in support NRA’s petition which was granted.

Our amicus brief demonstrated New York’s pattern of coercive behavior towards private Read More

Miller v. Bonta — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed an amicus brief in an appeal on whether California’s so-called “assault weapons” ban violates the Second Amendment. Our brief described the various ways in which California has demonstrated its hostility to the Second Amendment and the Supreme Court’s decisions. We argue that the assault weapons ban violates the Second Amendment using the Bruen test. Read More

Duncan v. Bonta — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed its fifth amicus brief in the Duncan saga, a case challenging California’s high-capacity magazine ban. Our brief argued that the case was not properly before the en banc panel for initial hearing en banc. We showed how California has a history of hostility to the Second Amendment and the Supreme Court’s decisions on that amendment. Finally, we explain how the magazine Read More

American First Legal Foundation v. Department of Agriculture — Amicus Brief

Jeremiah Morgan FOIA Law, U. S. Court of Appeals, District of Columbia Circuit

Today, our firm filed an amicus brief on behalf of Citizens United in an appeal challenging the Biden Administration’s withholding of agency reports in violation of the Freedom of Information Act. President Biden issued Executive Order 14019 on March 6, 2021, directing every executive branch agency to provide a report to the White House on ways Read More

Brandt v. Griffin — Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Court of Appeals, Eighth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in defense of Arkansas’s law protecting minors from life-altering “gender transition” procedures. Our brief revealed serious shortcomings in the district court’s findings of fact, upon which the injunction was based. Our brief also explained how the district court relied on the opinions Read More

Hensley v. State Commission on Judicial Conduct — Amicus Brief

Jeremiah Morgan Constitutional Law, Texas Supreme Court

Today, we worked with Texas attorneys Joseph Secola and Mark Brewer to file an amicus brief in the Texas Supreme Court to support a county justice of the peace whose religious convictions prevented her from marrying same-sex couples. The brief argued that the Commission on Judicial Conduct’s action showed bias against Bible-believing Christians and violated the Texas Constitution’s prohibition Read More