United States v. Texas

admin Constitutional Law, U. S. Supreme Court

Today we filed a brief in the U.S. Supreme Court supporting the challenge filed by Texas and 25 other states to the Obama Administration’s DAPA amnesty program.  (We had earlier filed an amicus brief in support of Texas in this case in the Fifth Circuit, where Texas prevailed.)  Our brief explains why the Executive Branch had no authority (through DAPA or otherwise) to grant unilaterally Read More

McDonnell v. United States

admin Constitutional Law, U. S. Supreme Court

On March 7, 2016, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of former Virginia Governor Robert McDonnell’s challenge to his conviction on federal corruption charges.

Our brief argues that setting and enforcing ethical standards applicable to state and local government officials is not among the enumerated powers vested in Congress.  Rather, such matters belong Read More

Justice Thomas Asks First Questions in 10 years — Drawn from our Amicus brief!!!

admin Firearms Law, U. S. Supreme Court

There must be something special about LEAP DAY.

Today, for the first time in a decade, Justice Clarence Thomas asked a question during the oral argument of Voisine v. United States in the U.S. Supreme Court.   And, his question was drawn from an amicus brief we filed in that case!!! And ours was the only amicus brief filed in support of Voisine.

The Voisine case involves the infamous Lautenberg Read More

Wikimedia Foundation v. National Security Agency

admin Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today,we filed our third brief opposing NSA’s program of “Upstream” Internet surveillance of Americans.  Our brief urges the Fourth Circuit to reverse the decision of the District Court in Maryland which found that neither Wikimedia Foundation — which runs Wikipedia — nor the other plaintiffs in the case, had standing to challenge that surveillance.

Link to brief

Birchfield v. North Dakota

admin U. S. Supreme Court

Today we filed a brief in the U.S. Supreme Court urging the High Court to reverse decisions from the Supreme Court of North Dakota and Minnesota which authorized police to force drivers to submit to warrantless blood and breath tests.  We urge the Court to apply to principles of its prior decisions in United States v. Jones, and Florida v. Jardines, which re-established the property basis of the Read More

Stormans, Inc. v. Wiesman

admin Constitutional Law, U. S. Supreme Court

With our brief in Stormans, our firm has now made its 100th filing in the U.S. Supreme Court. Today we filed an amicus brief in the U.S. Supreme Court defending a Christian-owned pharmacy from attack by the Washington State Pharmacy Quality Assurance Commission due to that pharmacy’s refusal to stock and sell abortifacient drugs.

Although the Pharmacy Commission is a government agency, its Read More

Whole Woman’s Health v. Hellerstedt

admin Constitutional Law, U. S. Supreme Court

Today, we filed an amicus brief in the U.S. Supreme Court supporting two Texas laws requiring that abortions be performed only at certain types of facilities by physicians with  hospital admission privileges.   We set out why the pro-abortion petitioners, and the Obama Administration as amicus curiae, misrepresent to the Court its own abortion jurisprudence.  However, even more importantly, Read More

United States v. Graham

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

Today our firm filed a brief supporting a Fourth Amendment challenge to the warrantless use of cell site location information.

The brief was filed on behalf of DownsizeDC.org, Downsize DC Foundation, United States Justice Foundation, Gun Owners of America, Inc., Gun Owners Foundation, Conservative Legal Defense and Education Fund, and Institute on the Constitution.

Link to brief

Americans for Prosperity Foundation v. Harris
Thomas More Law Center v. Harris

admin Nonprofit Law, U. S. Court of Appeals, Ninth Circuit

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 Read More

Zubik v. Burwell
Little Sisters of the Poor v. Burwell

admin Constitutional Law, U. S. Supreme Court

Today our firm filed a brief supporting a challenge to the contraceptive/abortifacient imposed by Obamacare.  Our brief asked the U.S. Supreme Court to expand the scope of its review, which is now narrowly limited to the Religious Freedom Restoration Act (“RFRA”) issue, to also include the First Amendment issue.

The brief was filed on behalf of U.S. Justice Foundation, Eberle Communications Read More

United States v. Monifa J. Sterling

admin Constitutional Law, U. S. Court of Appeals, Armed Forces

Today our firm filed in the U.S. Court of Appeals for the Armed Forces an amicus brief defending the right of a United States Marine to post small signs containing Bible verses at her work station.

Marine Lance Corporal Monifa Sterling printed and taped a paraphrase of Isaiah 54:17 at three places around her workspace:  “No weapon formed against me shall prosper.”  The three locations were Read More

Voisine v. United States

admin Firearms Law, U. S. Supreme Court

Today we made our 10th filing in 10 years opposing various applications of what is known as the so-called “Lautenberg Amendment,” which purports to impose a lifetime ban on firearms ownership on those who commit certain misdemeanors. The anti-gun lobby seeks to strip gun ownership from as many persons as possible, even if the misdemeanor was a minor matter, involving neither firearms Read More

Hollis v. Lynch — Amicus Brief

admin 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

Masterpiece Cakeshop v. Craig & David — Amicus Brief

admin Colorado Supreme Court, Constitutional Law

Today we filed an a brief in the Colorado Supreme Court urging it to review a decision of the Colorado Court of Appeals which had upheld a decision of the Colorado Civil Rights Commission penalizing the Christian bakery for refusing to bake a cake to be used in the celebration of a same sex marriage.

It is strange indeed that the people of Colorado had adopted in 2006 a constitutional amendment defining Read More

United States v. Robert G. Arwady and Richard P. Medrano
Verdict in — Both defendants Not Guilty on all counts

admin Firearms Law, Litigation, U. S. District Court, Southern District of Texas

Rob Olson has called in to report that after two hours of deliberation, the jury has come back with a Not Guilty verdict on all counts.

Bob Arwardy and Richard Medrano were accused of participating in a “straw purchase” of firearms on February 27, 2014 and other firearms offenses in an eight count indictment.   After significant motions practice, including work by both Rob Olson and Read More

Silvester v. Harris — Amicus Brief

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

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 Read More