Today, we filed a Supplemental Memorandum Regarding Governor Youngkin’s Executive Directive No. 2. The Supplemental Memorandum is in support of the Memorandum in Support of Injunctive Relief for Kaycee McCoy regarding the University of Virginia Health System’s COVID-19 vaccine mandate.
Lindell v. Pelosi — Complaint
We are serving as co-counsel to Mike Lindell in a challenge to a subpoena issued by the January 6 House Select Committee for his phone records, where a complaint was filed today in the U.S. District Court for the District of Minnesota.
Kaycee McCoy v. University of Virginia Health System — Reply Memorandum in Support of Injunctive Relief
Today, we filed a Reply Memorandum in Support of Injunctive Relief for Kaycee McCoy (see memorandum in support of injunctive relief here).
Kaycee McCoy v. University of Virginia Health System — Memorandum in Support of Injunction
Today, we filed a Memorandum in Support of Injunctive Relief for Kaycee McCoy (see complaint here). After a hearing on the request for a temporary injunction, the Circuit Court requested additional briefing on the temporary injunction factors.
The Memorandum argued that the freedom of religion recognized in Article I, Section 16 of the Virginia Constitution creates a jurisdictional barrier to the
Kaycee McCoy v. University of Virginia Health System — Complaint filed
Today, we filed a Complaint against the Rectors and Visitors of the University of Virginia and the University of Virginia Health System on behalf of a university employee who was refused her religious exemption to the University’s COVID-19 vaccine mandate and was notified that she would be terminated. The Complaint as well as the accompanying Application for a Temporary Injunction claim that
Rob Olson Presents Oral Argument before En Banc Sixth Circuit in Bumpstock Case
Today, Rob Olson presented oral argument before the U.S. Court of Appeals for the Sixth Circuit sitting en banc in our continuing litigation against ATF’s bump stock regulation issued in December 2018. The Sixth Circuit granted rehearing en banc after a three-judge panel ruled against the bump stock ban earlier this year. Audio of the oral argument is available.
VCDL/GOA/GOF v. City of Winchester (Virginia) — Complaint for Declaratory Relief, Application for Temporary and Permanent Injunction, and Petition for Writ of Mandamus
Together with Gilbert Ambler of the Ambler Law Offices, LLC (Winchester, VA) and David Browne of Spiro & Browne, LLC (Richmond, VA), we filed suit challenging a Winchester ordinance regulating possession of firearms. The case
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.
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
Lynchburg Range & Training v. Northam (U.S. District Court Litigation)
Today our firm filed an emergency motion to remand the Lynchburg Range & Training v. Northam case to the Circuit Court for the city of Lynchburg.
Lynchburg Range & Training v. Northam (Circuit Court Litigation)
Today our firm filed a complaint in Lynchburg (Virginia) Circuit Court to enjoin the provision Governor Northam’s Executive Order 53 which closed “indoor shooting ranges.”
Link to Complaint
Link to Exhibits
Link to Proposed Injunction Order
Link to Mitch Tyler Affidavit
Link to Philip Van Cleave Affidavit
Link to Erich Pratt Affidavit
FOIA Complaint — Public Advocate v. Centers for Disease Control and Prevention (CDC)
Today we filed a complaint against the CDC for their refusal to respond to our Freedom of Information Act request for copies of records related to the CDC’s 2014 “Acting Against AIDS” campaign.
Link to Complaint
Link to Exhibit A
Link to Exhibit B
Link to Exhibit C
Link to Exhibit D
Link to Exhibit E
Link to Exhibit F
Link to Exhibit G
Link to Exhibit H
Reply to Virginia’s Response in Opposition filed in Virginia Supreme Court on Virginia Governor Northam’s Gun Ban EO
After we filed our Emergency Petition for Review last night, this morning at about 9:15 am, the Solicitor General of Virginia filed his Response in Opposition. We filed our Reply to that Opposition about 1:00 pm. The Virginia Supreme Court issued an Order denying our Petition for Review about 6:15 pm.
Emergency Petition for Review filed Against Virginia Governor Northam’s Gun Ban EO
About 6:00 pm this evening, we filed in the Virginia Supreme Court an Emergency Petition for Review asking the Court to enjoin Governor Northam’s Executive Order banning firearms on the grounds of the Virginia Capitol, as unauthorized by law, in violation of law (Virginia Code section 44-146.15) , and unconstitutional. (See next entry.)
Complaint & Application for Temporary Injunction Against Virginia Governor Northam’s Gun Ban EO
About noon on Wednesday, January 15, Virginia Governor Ralph Northam declared a state of emergency in Virginia and issued Executive Order 49, which temporarily bans the possession or carrying of firearms in Richmond on Lobby Day (Monday, January 20). Today, Thursday, January 16, about noon, on behalf of Gun Owners of America and Virginia Citizens Defense League, and three individuals, our firm filed a Complaint and Application in the the Circuit Court for the City of Richmond, seeking a temporary injunction against the Governor’s order. In this case, we are working with David G. Browne, Esquire of Spiro and Browne, in Richmond. A hearing was held before Judge Joi Jeter Taylor from 1:30 to 2:30 pm. Judge Taylor issued an Order denying our Application at 4:31 pm. (This led to our filing an Emergency Petition for Review in the Virginia Supreme Court about 6:00 pm (see next entry).
FOIA Bombshell Disclosure — CU v. U.S. Department of State
Today we obtained for Citizens United, from FOIA litigation against the State Department, key documents concerning the FISA Warrants against Trump Campaign workers. For the first time, these documents demonstrate that even before the first FISA Application was filed, the FBI and Justice Department were on notice that the Steele dossier was unverifiable, contained errors, was politically generated,
FOIA: Public Advocate of the United States v. U.S. Department of Justice
On April 9, 2019, we filed suit on behalf of Public Advocate of the United States against the U.S. Department of Justice seeking to obtain certain records that the Department refused to disclose. Specifically, Public Advocate sought “copies of all records demonstrating compliance or noncompliance with the DOJ’s implementation of the Sessions USA Memo directive to appoint [religious liberty]
Bump Stocks: Reply Brief on Emergency Motion in SCOTUS
The Supreme Court allowed us to file a reply to the government’s opposition to our motion for an emergency stay of the ATF bump stock ban, which we filed at noon today.
Bump Stocks: Emergency Application for Stay by SCOTUS Pending Appellate Review
Today our firm filed an emergency application for stay with the U.S. Supreme Court (directed to Justice Sotomayor, Circuit Justice for the Sixth Circuit), requesting that the Court stay the effective date of the ATF’s Final Rule banning bump stocks pending review of the case by the Sixth Circuit.
Bump Stocks: GOA Files 28(j) Letter in Sixth Circuit
Today our firm filed a 28(j) letter with the Sixth Circuit, citing additional information in the D.C. Circuit cases of Guedes and Codrea. We point out that although the courts have issued stays in these and similar cases, the stays only apply to the specific appellants in each case, and do not grant the nationwide relief to bump stock owners being sought by Gun Owners of America, et al.
Bump Stocks: GOA Replies to Government Opposition
At 5:00 today, the Justice Department opposed our petition for emergency relief in the Sixth Circuit. At 10:30 tonight, we filed our reply to their opposition. The Sixth Circuit granted leave to file our reply brief.
Bump Stocks: Emergency Petition for Writ of Mandamus Filed in 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.