Today, our firm filed an amicus brief in support of a challenge to California’s “Unsafe Handgun Act.” Our brief argued that the Second Amendment’s right to keep and bear arms also protects attendant rights, such as the right to acquire modern, state-of-the-arm firearms. We urged the Ninth Circuit that the Second Amendment does not permit balancing tests such as weighing enumerated
Rhode v. Bonta — Supplemental Amicus Brief
Today, our firm filed a supplemental amicus brief addressing the effect of the Supreme Court’s recent decision in New York State Rifle & Pistol Association v. Bruen on the Rhode case. Our firm previously filed an amicus brief in support of Rhode in the Ninth Circuit on August 7, 2020.
Yukutake v. Hawaii — Supplemental Amicus Brief
Today, our firm filed a supplemental amicus brief addressing the effect of the Supreme Court’s recent decision in New York State Rifle & Pistol Association v. Bruen on the Yukutake case. Our firm previously filed an amicus brief in support of Yukutake in the Ninth Circuit on May 2, 2022.
Duncan v. Bonta — Supplemental Amicus Brief on Remand
Today, we filed a supplemental amicus brief on remand, our fourth amicus brief in this case. Our brief recounted the two-step test overturned by the Supreme Court in Bruen, and put this case in the context of the various cases on remand within the Ninth Circuit since Bruen. It then explained how to apply Bruen to this case. Our brief also reminded the Ninth Circuit of
Yukutake v. Hawaii — Amicus Brief
Today, our firm filed an amicus brief in the Ninth Circuit Court of Appeals to help defend a decision of the district court of Hawaii striking down two state restrictions on firearms purchase. Hawaii law requires that even after obtaining a permit to purchase a specific handgun, the permit expired after 10 days, and then the firearm must be physically carried to a police station for inspection.
Jewel v. NSA — Amicus Supporting Rehearing En Banc
Today, our firm filed its third amicus brief in the Jewel litigation, this time in support of a Petition for Rehearing En Banc before the Ninth Circuit. A panel of the Ninth Circuit once again ruled in support of the federal government, holding that the Jewel plaintiffs had failed to set forth sufficient evidence to establish standing and also affirming the district court’s exclusion of such
Duncan v. Bonta
Today, we filed an amicus brief attacking the constitutionality of a
California ban on standard capacity magazines, which the California law
mislabels as “Large Capacity Magazines.” The District Court and Ninth
Circuit panel both ruled for that the laws were unconstitutional, and
the Ninth Circuit granted rehearing en banc. Our brief defends the
decision
Rhode v. Becerra
Today our firm filed an amicus brief in support of a challenge to a California law which requires background checks for persons seeking to buy ammunition. Our brief explained the history of how the 9th Circuit has employed various legal tests and other techniques to allow certain judges hostile to gun rights to evade application of the Second Amendment, as written.
Brief: San Francisco v. Azar
Today our firm filed an amicus brief in support of a challenge to a series of district court decisions within the Ninth Circuit striking down a recent HHS regulation. The regulation issued by the Trump Administration was designed to protect healthcare workers from being required to performing certain procedures, such as abortions, euthanasia, and sex change surgeries.
Duncan v. Becerra
Today our firm filed an amicus brief in a challenge to a California law limiting the capacity of magazines to 10 rounds. We explain that the two-step test used by the lower federal courts undermines the U.S. Supreme Court decisions in Heller and McDonald. And we explain that weapons useful in military service are exactly the type of weapons covered by the Second Amendment under United States v. Miller and Heller.
Jewel v. NSA
Today our firm filed its second amicus brief in a challenge to the most sweeping Fourth Amendment violations ever committed by the U.S. government. (Our last brief was filed over four years ago.) This suit seeks to stop three different mass surveillance programs operated by the federal government — programs which have seized Internet (email, internet searches, etc.) and telephone communications
Young v. Hawaii
Today we filed an amicus brief opposing a request for rehearing by the State of Hawaii of a Ninth Circuit decision which overturned Hawaii’s virtual ban on citizens bearing weapons. We opposed Hawaii’s argument that its laws against carrying firearms were long-standing, explaining that those laws existed when Hawaii was a monarchy where the reigning king or queen was sovereign —
Americans for Prosperity Foundation v. Becerra
Today we filed another amicus brief in support of Americans for Prosperity’s challenge to the California Attorney General’s demand for its confidential donor information as a condition of raising money in the state. This brief urged the Ninth Circuit to grant rehearing en banc to reverse an earlier panel decision. The brief was filed for Citizens United, Citizens United Foundation, Free
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.
Hawaii v. Trump
Today, we filed our seventh amicus brief in support of President Trump’s immigration actions, this time, in support of his September 24, 2017 Proclamation. Our brief challenged the purported standing of the plaintiffs below, where the district court based standing on the Establishment Clause, but then granted the injunction based on statutory grounds. Our brief argued that the question
Hawaii v. Trump
Today, our firm filed its fourth brief in support of President Trump’s effort to impose immigration controls. This brief supported President Trump’s second Executive Order issued on March 6, 2017 — to secure our borders against entry by those coming from select countries where their background cannot be checked.
Our first two briefs were filed in the Washington State challenge, in the
Washington v. Trump
Today we filed a brief in support of rehearing by the Ninth Circuit en banc, of the Ninth Circuit’s motions panel denial of the Trump Administration’s motion for a stay of the Temporary Restraining Order issued by a federal district judge in Washington State enjoining operation of the President’s Executive Order on immigration and refugees.
We previously filed another brief in this
State of Washington v. Donald J. Trump
Today we filed an amicus brief in the Ninth Circuit in support of a motion to stay a Temporary Restraining Order issued by the U.S. District Court for the Western District of Washington, which prohibited enforcement of several sections of President Trump’s recent Executive Order temporarily suspending entry of certain immigrants and refugees into the United States.
Americans for Prosperity Foundation v. Xavier Becerra
Today we filed a brief for the Free Speech Coalition and a large number of nonprofit orgainzations opposing efforts by the Attorney General of California to compel the disclosure by nonprofit organizations soliciting funds in that state of the names of their largest donors.
The issue in the case involves conditioning the ability to fundraise in California on disclosing confidential information to
Arizona Dream Act Coalition v. Brewer (DACA)
Today we filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit defending the right of the State of Arizona to refuse to issue drivers licenses to illegal aliens who enjoy temporary protection from deportation based on President Obama’s Deferred Action for Childhood Arrivals (DACA) Program.
Americans for Prosperity Foundation v. Harris
Thomas More Law Center v. Harris
Today we filed a brief in the Ninth Circuit for the Free Speech Defense and Education Fund, the Free Speech Coalition and other nonprofits attacking a new interpretation of law by the the California Attorney General. Under this new interpretation, as a per-condition to soliciting contributions in California, each charity must provide provide the Attorney General with its IRS Form 990 Schedule
Silvester v. Harris — Amicus Brief
Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit, in support of a challenge to California’s 10-day waiting period for firearm purchases. One of the most draconian states when it comes to Second Amendment rights, California forces its residents to wait 10 days after a purchase before a lawful buyer may acquire a lawful firearm.
First, our brief dispelled
Peruta v. San Diego, Richards v. County of Yolo — Amicus Brief
Today our firm filed a brief supporting the right to “bear” arms in California. A panel of the U.S. Court of Appeals for the Ninth Circuit previously handed down an opinion striking down San Diego County’s policy under which “self-defense” was not considered to be a “good cause” allowing the issuance of a concealed carry permit. Now, the Ninth Circuit decided
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