Free Speech Coalition Initial Comments on Cooperative Mail Rule

Michael Harless Administrative Law, Postal Law

On behalf of the Free Speech Coalition, we filed Initial Comments in Postal Regulatory Commission Docket No. PI2008 4 requesting that the Commission make no change to the cooperative mail rule (CMR) in the Postal Service’s regulations that was revised by the Postal Service in 2003. The Commission is reviewing the CMR pursuant to the Postal Accountability and Enhancement Act, Pub. L. 109 435, Section Read More

Gun Owners of America/Gun Owners Foundation Comments to the U.S. Postal Service Regarding “Proposed New Standards Prohibit the Mailing of Replica or Inert Munitions”

Michael Harless Administrative Law, Firearms Law, Postal Law

Today, on behalf of Gun Owners of American and Gun Owners Foundation, we filed comments opposing the United States Postal Service’s “Proposed New Standards Prohibit the Mailing of Replica or Inert Munitions.”  (See 73 Fed. Reg. 12321.)  The new rule proposes to declare nonmailable “[r]eplica or inert munitions.”

The comments demonstrate that the proposed standard is Read More

TSCL Comments on FDA Report “FDA Science and Mission at Risk: Report of the Subcommittee on Science and Technology”

Michael Harless Administrative Law, Health Law

On behalf of TREA Senior Citizens League (“TSCL”), we filed comments with the Food and Drug Administration (“FDA”) in opposition to the FDA’s Science Board Report Entitled “FDA Science and Mission at Risk: Report of the Subcommittee on Science and Technology.”

The Report asserts that the FDA is in danger of not being able to perform its mission without a vast and unprecedented doubling Read More

Association of Priority Mail Users, Inc. Fourth Comments on Postal Rulemaking

Michael Harless Administrative Law, Postal Law

On behalf of the Association of Priority Mail Users, Inc., our firm filed Comments on Regulations Establishing a System of Ratemaking (PRC Docket No. RM2007-1) in response to Postal Regulatory Commission Order No. 26.  This is the fourth filing of comments by APMU in this most important docket.  We are attempting to fend off efforts to impose too high an overhead burden on competitive products, Read More

Free Speech Coalition, Inc. and Free Speech Defense and Education Fund, Inc. Comments on the FEC’s Proposed Regulations on Electioneering Communications (72 Fr 50261)

Michael Harless Administrative Law, Election Law

Today, we filed comments with the Federal Election Commission (“FEC”) on behalf of Free Speech Coalition and Free Speech Defense and Education Fund (“FSC/FSDEF”) regarding the FEC’s proposed rulemaking in response to the U.S. Supreme Court’s June 25, 2007 decision in FEC v. Wisconsin Right to Life (WRTL II).  That decision upheld WRTL’s unrestricted right to publish Read More

TSCL Comments on FDA Draft Guidance for Industry on Evidence-Based Review System for the Scientific Evaluation of Health Claims

Michael Harless Administrative Law, Health Law

On behalf of TREA Senior Citizens League (“TSCL”), we filed comments with the Food and Drug Administration (“FDA”) in opposition to the FDA’s  “Draft Guidance for Industry on Evidence-Based Review System for the Scientific Evaluation of Health Claims”.

The FDA Draft Guidance asserts that the FDA is authorized by the NLEA to treat health claims for both conventional food and health Read More

BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney’s Guide

Michael Harless Administrative Law, Firearms Law, Publications

On behalf of Gun Owners Foundation, our firm authored “BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney’s Guide.” The guide is intended to provide a procedural overview for attorneys unfamiliar with civil forfeiture law as it applies to firearms, including what to expect from the BATF, and how to go about recovering seized assets.
This manual has been revised as Read More

Association of Priority Mail Users, Inc. Reply Comments on Postal Rulemaking

Michael Harless Administrative Law, Postal Law

On behalf of the Association of Priority Mail Users, Inc., our firm filed reply comments in Postal Regulatory Commission (PRC) Docket No. RM2007-1 in response to PRC Order No. 15. The APMU comments respond to the UPS comments filed on June 18, 2007, in which UPS suggested that the PRC require that competitive products recover an additional amount above attributable and above institutional costs Read More

Association of Priority Mail Users, Inc. Comments on Second Round of Postal Rulemaking

Michael Harless Administrative Law, Postal Law

On behalf of the Association of Priority Mail Users, Inc., our firm filed comments with the Postal Regulatory Commission in Docket No. RM2007-1 opposing either the attribution or assignment of assumed federal income taxes to specific competitive products and urging that they be treated as institutional costs of the Postal Service.  The Postal Accountability and Enhancement Act (“PAEA”), Read More

FDA Draft Guidance for Industry on Complementary and Alternative Medicine

Michael Harless Administrative Law, Health Law

Today, on behalf of TREA Senior Citizens League, we filed with the FDA for both Clarification of, and Extension of, the deadline for comments in response to the FDA’s rulemaking in Docket No. R2006D-0480, entitled “Draft Guidance for Industry on Complementary and Alternative Medicine Products and Their Regulation by Food and Drug Administration.”

Link to request

Association of Priority Mail Users, Inc. Comments on Postal Rulemaking

Michael Harless Administrative Law, Postal Law

On behalf of the Association of Priority Mail Users, Inc., our firm filed comments with the Postal Regulatory Commission addressing some of the problems associated with implementing the new Postal Accountability and Enhancement Act (“PAEA”), P.L. 109-435, which changes the manner in which rates are set for Priority Mail and other types of mail now classified by Congress as “competitive  Read More

United Seniors Association v. Social Security Administration Amicus Brief Filed to Attack Federal Statute Censoring 15 Political Words

Michael Harless Administrative Law, Postal Law, U. S. Supreme Court

We filed an amicus curiae brief with the U.S. Supreme Court on behalf of the Free Speech Defense and Education Fund, Conservative Legal Defense and Education Fund, Lincoln Institute for Research and Education, Citizens United Foundation, and Downsize DC Foundation in support of United Seniors Association’s (USA) petition for a writ of certiorari.

The amicus brief takes issue with the casual Read More

FSDEF Amicus Brief in United Seniors Association v. Social Security Administration

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

We filed an Amicus Brief for the Free Speech Defense and Education Fund in support of United Seniors Association’s petition for rehearing of the decision to fine them over $500,000 for using the words “Social Security” on carrier envelopes. The FSDEF brief submits that the panel misapplied the deferential agency review standard of Chevron and failed to apply the relevant Read More

Postal Service Proposed Regulations on First Class Rates

Michael Harless Administrative Law, Nonprofit Law

On behalf of the Free Speech Coalition, we filed comments with the U.S. Postal Service expressing the concern that the proposed regulations, which clarify the type of mail that must be entered at First-Class rates and that which is eligible for Standard mail rates, would inappropriately shift much educational mail from Nonprofit Standard to First-Class rates.

Link to comments

Coalition for Postal Worksharing Comments to the U.S. Postal Service

Michael Harless Administrative Law, Postal Law

Our firm submitted comments to the U.S. Postal Service regarding its five-year strategic plan, on behalf of the Coalition for Postal Worksharing, suggesting that, as part of the Postal Service’s long-term strategic planning, it should set a course aimed toward eliminating the current overcharging of workshared mail to the benefit of nonworkshared mail.

Link to comments

Coalition for Postal Worksharing Final Comments to the President’s Commission on the U.S. Postal Service

Michael Harless Administrative Law, Postal Law

Our firm submitted final comments to the President’s Commission on the U.S. Postal Service, on behalf of the Coalition for Postal Worksharing, urging the Commission to endorse worksharing and private sector competition by: (i) requiring the Postal Service to charge separate rates for workshared services that are sufficient to cover the cost of providing those services; and (ii) subjecting Read More