Bump Stocks: Emergency Petition for Writ of Mandamus Filed in Sixth Circuit

admin Firearms Law, Litigation, U. S. Court of Appeals, Sixth Circuit

The ATF reclassification of bump stocks as machineguns will take effect on Tuesday, March 26.  The federal district court in which we challenged this classification change has yet to rule on our motion for an injunction.  Therefore, we were forced to file this emergency petition in the U.S. Court of Appeals for the Sixth Circuit.

Link to petition

CREW v. FEC

admin Constitutional Law, Election Law, Nonprofit Law, Statutory Construction, U. S. Court of Appeals, District of Columbia Circuit

Today our firm filed an amicus brief opposing a strained reading of the Federal Election Campaign Act disclosure requirement which CREW has urged a federal court to be forced on the FEC.  FEC rules have long required the disclosure by non-political committees of donors giving to support specific Independent Expenditures (IEs).  Reversing that established rule, the U.S. District Court for the District Read More

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

Citizens United v. Department of Labor (Case No. 1:19-cv-00310)

admin FOIA Law, U. S. District Court, District of Columbia

Today, on behalf of Citizens United, we filed a Complaint under the Freedom of Information Act against the Department of Labor, seeking email communications sent to or received by email addresses which have been publicly reported to be associated with Obama’s Labor Secretary Tom Perez. The case was filed in the U.S. District Court for the District of Columbia.

 

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

Bump Stocks: Gun Owners of America files Motion for Preliminary Injunction Against Bumpstock Regulations

admin Administrative Law, Litigation, U. S. District Court, Western District of Michigan

Today, our firm filed a motion for a preliminary injunction, seeking to stop the Bumpstock regulations from going into effect on March 26, as planned.

(Plaintiffs’) Motion for Preliminary Injunction (December 26, 2018)

(Plaintiffs’) Memorandum in Support of Motion for a Preliminary Injunction (December 26, 2018)

(Plaintiffs’) Party Declarations (December 26, 2018)

Read More

Bump Stocks: Gun Owners of America files Challenge to ATF Bumpstock Regulations

admin Administrative Law, Litigation, U. S. District Court, Western District of Michigan

Today, ATF published in the Federal Register its final regulations imposing a total ban on private ownership of bumpstocks, overruling numerous prior ATF decisions.  Later that same day, our firm filed a chellenge to this regulation on behalf of Gun Owners of America, Guy Owners Foundation, Virginia Citizen Defense League, and three individuals — Matt Watkins, Tim Harmsen and Rachel Malone.  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

Young v. Hawaii

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

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 — Read More

First Presbyterian Church U.S.A. of Tulsa v. Doe

admin Constitutional Law, U. S. Supreme Court

Today we filed a brief urging the U.S. Supreme Court to grant certiorari to correct a ruling by the Oklahoma Supreme Court which gave state courts jurisdiction over a matter of church policy — public baptism.

Link to brief

Americans for Prosperity Foundation v. Becerra

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

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 Read More

United States v. Zodhiates

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

Today we filed an amicus brief in the Second Circuit in support of a petition for rehearing en banc, asking the Court to reconsider its decision which misapplied the Supreme Court’s decision in Carpenter v. United States, 138 S.Ct. 2006 (June 22, 2018). The trial court allowed the government to introduce evidence of “Cell Site Location Information” (“CSLI”) obtained 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

American Legion v. American Humanist Association (Bladensburg Cross)

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief urging the Supreme Court to block a Fourth Circuit decision which found that the Bladensburg (Maryland) War Memorial, which includes a 40-foot cross, violates the Establishment Clause.  The Fourth Circuit opinion discusses the relief being sought by a few Maryland residents to be either razing the Cross, or defacing it by cutting off its arms, and making it Read More

Altitude Express v. Zarda

admin Statutory Construction, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court supporting a petition for certiorari to review a circuit court decision giving homosexuals the right to sue employers, even though Congress never authorized such suits.  Ten liberal Second Circuit judges joined a decision to rewrite Title VII of the Civil Rights Act of 1964 to prohibit discrimination against homosexuals in employment.  This Read More

Citizens United v. Department of Justice (Case No. 1:18-cv-01446)

admin FOIA Law, U. S. District Court, District of Columbia

Today, on behalf of Citizens United, we filed a Complaint under the Freedom of Information Act against the Justice Department, seeking certain records relating to communications between former Assistant Attorney General for Legislative Affairs Peter Kadzik and former FBI agent Peter Strzok.  The case was filed in the U.S. District Court for the District of Columbia.

Gundy v. United States

admin Constitutional Law, U. S. Supreme Court

Today, we filed an amicus merits brief in the Supreme Court addressing the 80-year old anti-delegation doctrine.  Our brief explains why the “intelligible principle” test that was adopted by the Court has failed to uphold the constitution’s structural integrity.  We explain that separation of powers is essential to preserve the liberty of the American people.  And we explain why it is particularly problematic for Congress to delegate to an unelected bureaucrat the power to criminalize behavior.

Link to brief