State of Texas v. United States

admin Constitutional Law, Health Law, Statutory Construction, U. S. Court of Appeals, Fifth Circuit

Today our firm filed our ninth amicus brief opposing Obamacare.  This briefs supports challenge to Obamacare brought by the State of Texas and other states based on the fact it is unconstitutional since the penalty for the individual mandate was zeroed out by Congress in December 2017.  Earlier, we filed the only amicus brief supporting the Texas challenge in district court in Texas.  This brief Read More

Hollis v. Lynch — Amicus Brief

Michael Harless Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed in the U.S. Court of Appeals for the Fifth Circuit an amicus brief in support of a challenge to the federal machine gun ban, ironically passed as part of the 1986 Firearm Owners Protection Act.

Under the Gun Control Act (“GCA”), “persons” are generally prohibited from possessing machineguns. A “person” is defined to include entities such a Read More

Texas v. United States — Amicus Brief

Michael Harless Constitutional Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit, supporting the challenge by State of Texas and 25 other states to the Obama Administration’s misuse of “executive action” (“DAPA”) to implement provisions of the DREAM Act that Congress refused to enact.

Our brief was filed on behalf of Citizens United, Citizens United Foundation, Read More

U.S. v. Ramos/Compean Amicus Brief in Support of Petition for Rehearing U.S. Court of Appeals for the Fifth Circuit

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

We filed an amicus curiae brief in the U.S. Court of Appeals for the Fifth Circuit in support of two former Border Patrol agents’ Petitions for Rehearing. This brief emphasized areas where the Fifth Circuit panel’s decision was inconsistent with the law as set forth in our earlier brief filed with the court on May 25, 2007.

Our amicus brief was filed on behalf of Congressmen Walter B. Jones (R-NC), Read More

U.S. v. Ignacio Ramos and Jose Alonso Compean Amicus Brief for Congressman Walter Jones, et al. 18 U.S.C. section 924(c)

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today we filed a Brief Amicus Curiae in the U.S. Court of Appeals for the Fifth Circuit supporting the appeal of Border Patrol Agents Ramos and Compean.  Counts four and five of the indictment charge the two with “Discharge of a Firearm in Relation to a Crime of Violence,” under 18 U.S.C. section 924(c), which the Supreme Court has ruled is only a sentencing factor, not one of the three elements Read More