Amicus Brief: Trump v. New York

admin Constitutional Law, Statutory Construction, U. S. Supreme Court

Today our firm filed the only amicus brief (at least thus far) in the U.S. Supreme Court case of Trump v. New York, supporting President Trump’s Memorandum instructing the Secretary of Commerce to provide him with data necessary to reapportion the House of Representatives among the states without counting illegal aliens. The brief was filed for Citizens United, Citizens United Foundation, Read More

Rodriguez v. City of San Jose

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

Today our firm filed an amicus brief urging the U.S. Supreme Court to review an inexplicable Ninth Circuit decision upholding an illegal search and seizure of firearms by the San Jose Police after her husband had a mental health crisis. Seven years after that seizure, the City of San Jose, California is still refusing to return her firearms to her. Even though Lori Rodriguez is not a disqualified person, more than seven years later, she is still fighting a court battle to recover those firearms, a battle which is now before the U.S. Supreme Court.

Link to brief

National Association for Gun Rights v. Mangan

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

Today we filed an amicus brief in the U.S. Supreme Court supporting a petition for certiorari designed to challenge a 2015 Montana State election law.  The law regulated “electioneering communications” — borrowing a term which Congress had employed in the Bipartisan Campaign Reform Act of 2002 to require reporting of a narrow category of broadcast advertisements Read More

Americans for Prosperity Foundation v. Becerra & Thomas More v. Becerra

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

Today we filed our fourth amicus brief in the U.S. Supreme Court on behalf of 22 organizations and fundraisers opposing a California requirement that nonprofits surrender the names of their large donors before soliciting contributions in that state. Now, we are urging the U.S. Supreme Court to review a decision of the Ninth Circuit.This is the sixth brief we filed defending the right of nonprofits to withhold IRS Form 990 Schedules B, protecting the anonymity of their donors. In our brief, we address four issues —why such disclosure demands are unconstitutional for four reasons:  freedom of association under NAACP v. Alabama ex rel. Alabama; blanket restrictions of  charitable solicitation under Madigan v. Telemarketing Associates; breach of anonymity under Watchtower v. Village of Stratton and Talley v. California; and lastly, because in addition to retaliation by the public, government officials could retaliate against those donors funding nonprofits working to oppose government policies.

Link to brief

Remington Arms v. Soto

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

Today we filed our second amicus brief in the defense of a firearms manufacturer who was sued in Connecticut after the Sandy Hook shooting. Our prior brief was in the Connecticut Supreme Court. This brief supports the manufacturer’s effort to obtain review by the U.S. Supreme Court. Most of the plaintiffs’ theories were rejected by the Connecticut Supreme Court, but it allowed the case to proceed based on advertising that supposedly would have appealed to young males to conduct shootings. Our brief explains why the Connecticut Court erred in its creation of a huge exception to the federal Protection of Lawful Commerce in Arms Act, a statute designed specifically to protect firearms manufacturers and dealers from suits such as this one.

Link to brief

DHS v. Regents of the University of California

admin Constitutional Law, U. S. Supreme Court

Today we file our fourth amicus brief in support of President Trump’s authority to rescind President Obama’s unconstitutional DACA policy. Finally, the U.S. Supreme Court chose to review the lower court orders which have prevented President Trump from changing policy, and we address the issues in our merits amicus brief. We explain why the decision to end DACA was not judicially reviewable, and that DACA itself was unlawful. Our prior briefs were filed February 2, 2018 in the U.S. Supreme Court, March 14, 2018 in the Second Circuit, and December 6, 2018 in the U.S. Supreme Court.

Link to brief

Bostock v. Clayton County & Altitude Express v. Zarda

admin Statutory Construction, U. S. Supreme Court

Today we filed our third amicus brief in support of Altitude Express from a case brought by a homosexual skydiving instructor who was fired for speaking inappropriately at work about his sexual orientation. The Altitude Express case has been consolidated with a case from the Eleventh Circuit — Bostock. As in the Harris Funeral Case, we explain that Title VII of the 1964 Civil Rights Ac does not apply to sexual orientation.

Link to brief

Veronica Price v. City of Chicago

admin Constitutional Law, U. S. Supreme Court

Today our firm filed its second amicus brief challenging the City of Chicago’s “bubble zone” ordinance, designed to prevent pro-life sidewalk counselors from speaking to pregnant women at the last opportunity before they enter an abortion clinic. As we did in our first brief in the Seventh Circuit, we argue here that this case should be handled not as an abortion rights case, but Read More

Johnson v. United States

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

Today we filed an amicus brief urging the U.S. Supreme Court to re-examine its Terry v. Ohio, stop-and-frisk doctrine. Although Terry stop and frisks were limited to a search for weapons, in this case one was used to justify seizing a bullet. Since that decision in 1968, both Fourth and Second Amendment law has changed. The property basis of the Fourth Amendment has been re-established, and the Read More

New York State Rifle & Pistol Association v. City of New York (Merits)

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

Today we filed our second amicus brief in support of a challenge to New York City’s near prohibition on transporting firearms.  This is the first Second Amendment case that the U.S. Supreme Court has heard since Heller (2008) and McDonald (2010).  Our brief details the lower courts’ open prejudice against gun rights and its disregard for the Supreme Court’s protection of Second Read More

Doe v. Woodard

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief involving a challenge to a Fourth Amendment violation by a social worker who strip-searched a four-year-old girl, without consent of the child or her mother, in search of tell-tale signs of child abuse.  The Tenth Circuit dismissed the case, ruling that the social worker was not liable under the Supreme Court’s doctrine of qualified immunity.  Our brief argues for limitations on the qualified immunity doctrine, and explains why the doctrine does not apply in this case.

Link to brief

Department of Commerce v. New York

admin Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief in support of the Department of Commerce’s decision to add a citizenship question for the 2020 Census. A federal court in New York issued an injunction against the administration from adding the citizenship question, but the Supreme Court granted certiorari before a judgment of the Second Circuit. Our brief explained that the purpose of the decennial census is Read More

Zodhiates v. United States

admin Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief in support of a petition for certiorari challenging the government’s ability to track citizens through Cell Site Location Information (CSLI) obtained without a warrant. In this case, the trial court allowed the government to introduce 28 months of CSLI obtained by a prosecutor using a mere Grand Jury Subpoena. We argue that the Carpenter v. United States decision, Read More

Jeremy Kettler v. United States

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

Today, we filed a Petition for Certiorari on behalf of Jeremy Kettler, who was convicted of possessing an unregistered firearm suppressor.  Our petition asks the Supreme Court to review the Tenth Circuit’s decision, and to determine whether the National Firearms Act continues to be an appropriate exercise of Congress’s taxing power due to the many changes that have been made to the Read More

The American Legion v. American Humanist Association (Bladensburg Cross Merits)

admin Constitutional Law, U. S. Supreme Court

Today we filed our second brief in support of the Bladensburg Cross in Maryland. We earlier filed a brief at the petition stage on July 27, 2018. Our brief attacks existing Supreme Court Establishment Clause jurisprudence, and calls upon the Court not to end the judicial assault on Christianity.

Link to brief

DHS v. Regents of the University of California & Nielsen v. Vidal (DACA)

admin Constitutional Law, U. S. Supreme Court

Today, we filed our third brief in support of President Trump’s rescission of President Obama’s unconstitutional DACA program. We urge the Supreme Court to review the three pending injunctions against the rescission issued by Democrat judges. We asked the High Court to determine the legality of “universal injunctions” by district judges, as well as the constitutionality of Read More

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 Read More

Harris Funeral Homes v. EEOC

admin Statutory Construction, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court urging the court to grant a petition for certiorari to the U.S. Court of Appeals for the Sixth Circuit to review its decision giving a meaning to Title VII that Congress never intended.  The Sixth Circuit decided to change a 50-year old understanding of Title VII to accommodate to the demands of LGBTQ activists, by barring employment discrimination Read More