Today we filed our fourth amicus brief in the Gloucester County School Board case, which now has been been in litigation for over five years. This case involves a high school girl who claimed that her high school violated Title IX by not allowing her to use the boys’ bathroom because she “identifies” as a boy. By a vote of 2-1, the Fourth Circuit panel found a violation. Our brief urges the U.S. Supreme Court to review that decision, explains why the School Board made the right choice, and shows why Title IX and the Equal Protection Clause were not violated.
Victory in the Sixth Circuit on Bumpstocks
In a 2-1 decision issued today, the U.S. Court of Appeals for the Sixth Circuit gave a victory to Gun Owners of America and Virginia Citizens Defense League in their challenge to the ATF Bumpstock regulations issued December 26, 2018. The opinion was written by Judge Alice M. Batchelder. Robert Olson of our firm argued the case in the Sixth Circuit, December 11, 2019.
Roberts v. U.S. Justice Department — Brief for Appellants
Today we filed the opening brief in our appeal to the Sixth Circuit in challenge to the ATF changing their policy, and refusing to allow persons with Michigan Concealed Carry Permits to purchase guns without another NICS check.
AFPF/Thomas More Law Center v. Becerra (Free Speech Coalition amicus brief)
Today we filed an amicus brief in support of the First Amendment rights of California nonprofit organizations, which are currently being required to file a list of their major donors with the California government. Our brief, filed on behalf of 21 nonprofit organizations, explains why a Constitutional Republic should never require voluntary associations to reveal the identity of their members
AFPF/Thomas More Law Center v. Becerra (Citizens United amicus brief)
Today we filed an amicus brief in support of AFPF’s and Thomas More’s First Amendment challenge to California’s compelled disclosure of information about the major donors of nonprofit organizations. We explain in our brief why the Ninth Circuit erred in determining that the Supreme Court’s landmark NAACP v. Alabama decision does not apply here. Second, we
Wade v. Regents of the University of Michigan
Today our firm filed an amicus brief in support of a challenge to the University of Michigan’s infringement on the Second Amendment rights of its students. We explain why the university’s ordinance violates the U.S. Constitution, the Michigan Constitution, and various decisions of the U.S. Supreme Court, including District of Columbia v. Heller.
Mai v. United States
Today our firm filed an amicus brief urging the Supreme Court to review a Ninth Circuit decision which allowed a ban on gun possession by a man who had suffered a mental health crisis as a minor, but who had since then been found by the State of Washington not to be a danger to himself or to others. Nevertheless, as the Ninth Circuit has done in every Second Amendment challenge brought before
Caniglia v. Strom
Today our firm filed an amicus brief in support of a challenge to a First Circuit decision which upheld an illegal search and seizure of firearms by police after a Petitioner husband and his wife had a non-violent, non-threatening argument. Tired of arguing with his wife, the husband threw down an unloaded handgun and said something like “just shoot me.” The next day the police showed
Lange v. California
Today we filed an amicus brief opposing warrantless home invasions by police officers in pursuit of fleeing misdemeanor suspects. Both parties asked the court to reject a categorical approach that would allow such searches, but both favored a case-by-case rule that could allow such searches in some cases. To remain consistent with the text, history and tradition of the Fourth Amendment, we argued in favor of a categorical rule against such warrantless home invasions.
Texas v. Pennsylvania
Today we filed an amicus brief on behalf of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC in support of Texas’ attempt to restore constitutional order to the selection of Presidential Electors. We explain how Texas and other states were harmed by Pennsylvania, Georgia, Michigan and Wisconsin when they allowed the circumvention of election procedures adopted by their state legislatures.
Texas v. Pennsylvania, Georgia, Michigan, and Wisconsin — Amicus Brief for U.S. Congressmen
Today, we filed an amicus brief in the U.S. Supreme Court in support of Texas’ original action against Pennsylvania, Georgia, Michigan, and Wisconsin challenging their certification of Presidential Electors.
This brief was filed for U.S. Congressman Mike Johnson and a group of 126 Members of the U.S. House of Representatives. In this brief, these Members of the federal legislature seek to protect the constitutional powers of state legislatures to determine the manner of appointing Presidential Electors.
Republican Party of Pennsylvania v. Boockvar
Today we filed an amicus brief in support of a petition for certiorari filed by the Republican Party of Pennsylvania seeking to challenge the decision of the Pennsylvania Supreme Court changing Pennsylvania election law at the last minute before the November elections. We explained that the Pennsylvania Supreme Court usurped the authority of the Pennsylvania state legislature to make these decisions with respect to federal elections, subject only to Congressional action. We urge the Supreme Court to take the case to invalidate any ballots received after election day.
Laity v. Harris
Today our firm served as co-counsel to file an amicus brief in support of a challenge to Kamala Harris’s eligibility for the office of Vice President of the United States. In our brief, we explain the meaning of the “natural born citizen” requirement set out in Article II, Section 1, Clause 5 of the U.S. Constitution, and discuss why Harris does not qualify.
Trump v. New York (Merits)
Today we filed our second amicus brief in the case of Trump v. New York, on the merits, defending the discretion given by Congress to the President to conduct the census. In our brief, we urge the court to reverse the district court’s decision which mandates that illegal aliens be counted in the apportionment basis for allocating seats in the House of Representatives and the Electoral College.
Amicus Brief: Trump v. New York
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,
County of Los Angeles, et al. v. Superior Court of Los Angeles County (Grace Community Church and Pastor John MacArthur)
Today we filed an amicus brief in a California appellate count in support of Pastor John MacArthur and Grace Community Church. That Church began holding in-person, indoor services in late July despite a ban imposed on such services by Los Angeles County due to COVID-19. The Church, inter alia, has asserted that the ban violates Article I, section 4 of the California Constitution
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.
Elhert v. Settle: Response to Commonwealth’s Petition for Review
Today we filed our response to the Commonwealth of Virginia’s petition for review the temporary injunction we obtained from Lynchburg Circuit Court protecting the right of 18, 19, and 20 year olds to purchase handguns.
Citizens United v. U.S. State Department — Opposition to Motion for Summary Judgment
Today we filed an opposition to the State Department’s Motion for Summary Judgment, asking the District Court to review key Steele Dossier documents in camera.
Links:
Plaintiff’s Memorandum of Points and Authorities in Opposition
Ehlert v. Settle: Petition for Review
Today we filed a petition for review in the Virginia Supreme Court seeking review of Lynchburg Circuit Court Judge Patrick Yeatts’ denial of a portion of our application for temporary injunction. Judge Yeatts issued a temporary injunction against the Virginia State Police to bar enforcement of one of the Northam gun bills barring 18 to 20 year old Virginians from purchasing handguns in private
Elhert v. Settle — Temporary Injunction
Today, the Circuit Court for the City of Lynchburg issued a temporary injunction against Virginia’s ban on handgun sales to adults under age 21.
This is a case we are litigating together with Gilbert Ambler of Winchester, Virginia and David Browne of Richmond, Virginia.
Liberty University Amicus Brief Opposes VA Gov. Northam COVID-19 Controls on Commonwealth
Since March, Virginia Governor Ralph Northam has imposed a draconian set of rules and regulations on the People and businesses of Virginia, ostensibly to address the COVID-19 threat. Yet he has refused to call the Virginia General Assembly into session to get authority to impose controls. Under his theory, his power is virtually limitless, and could continue into next year, and beyond. Today we
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.
United States v. Michael Flynn
On behalf of Citizens United, Citizens United Foundation, and The Presidential Coalition, our firm filed an amicus brief supporting the dismissal of charges against General Michael Flynn. Our brief also opposes the court’s inquiry into bringing contempt and perjury charges against General Flynn. The case against General Flynn is currently pending in both the U.S. District Court for the District of Columbia, where we filed this brief, and in the U.S. Court of Appeals for the District of Columbia Circuit where we earlier filed a brief for General Flynn.
Link to CU/CUF/TPC Amicus Brief
Link to Motion for Leave to File
In re: Michael Flynn
Today we filed an amicus brief for former United States Attorney General Edwin Meese III supporting the dismissal of criminal charges against General Michael Flynn. In our brief we argue that the Attorney General of the United States, not a federal district judge, has the primary responsibility for ensuring that criminal charges are brought only for violations of actual federal crimes. In the