On July 1, 2015, our firm again joined with co-counsel Barry K. Arrington, Esquire to file in the Colorado Court of Appeals a Reply Brief. We counter the arguments in Colorado’s brief which asked the Court to affirm the district court’s order dismissing our complaint challenging Colorado’s new gun laws.
Symposium — King v. Burwell SCOTUScare
Today, we were asked to participate in an on-line symposium sponsored by Casetext on today’s King v. Burwell decision.
Silvester v. Harris — Amicus Brief
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
Texas v. United States — Amicus Brief
Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit, supporting the challenge by State of Texas and 25 other states to the Obama Administration’s misuse of “executive action” (“DAPA”) to implement provisions of the DREAM Act that Congress refused to enact.
Our brief was filed on behalf of Citizens United, Citizens United Foundation,
Peruta v. San Diego, Richards v. County of Yolo — Amicus Brief
Today our firm filed a brief supporting the right to “bear” arms in California. A panel of the U.S. Court of Appeals for the Ninth Circuit previously handed down an opinion striking down San Diego County’s policy under which “self-defense” was not considered to be a “good cause” allowing the issuance of a concealed carry permit. Now, the Ninth Circuit decided
Bill Olson Presents Briefing on Same Sex Marriage Case
Today, as the U.S. Supreme Court was concluding oral argument in the four same sex marriage cases, Bill Olson briefed pastors and others on the National Emergency Coalition Conference Call sponsored by S.T.A.N.D. The briefing included discussion of the brief filed in the U.S. Supreme Court by our firm on April 3, 2015.
Independence Institute v. FEC — Amicus Brief
Today we filed an amicus brief in support of the Independence Institute in their challenge to the Federal Election Commission’s regulations requiring the names and addresses of donors to nonprofits doing issue ads, which technically meet the criteria of Independent Expenditures, to be disclosed. Our brief explains the motivation of Congress for wanting this information.
Obergefell v. Hodges
Tanco v. Haslam
DeBoer v. Snyder
Bourke v. Beshear
Today, we filed an amicus curiae brief in the U.S. Supreme Court opposing efforts to have the Court force homosexual marriage on the States and the People.
The brief was filed on behalf of: Public Advocate of the U.S., Joyce Meyer Ministries, U.S. Justice Foundation, The Lincoln Institute, Abraham Lincoln Foundation, Institute on the Constitution, Conservative Legal Defense and Education Fund, and
Hedgepath v. Bentley — Chief Justice Roy Moore Response to Plaintiffs’ Motion to Dismiss
Today, for Alabama Chief Justice Roy Moore, we joined in filing a response to Plaintiffs’ Motion to Dismiss seeking dismissal of the case against him with prejudice.
Hedgepath v. Bentley — Chief Justice Roy Moore Response to Motion to Dismiss
Today, representing Alabama Supreme Court Chief Justice Roy Moore, our firm joined with Alabama local counsel Douglas McElvy in filing a Motion to Dismiss a suit filed against certain Alabama state officials seeking to penalize their opposition to same sex marriage. A Brief in Support of the Motion was also filed.
Rocky Mountain Gun Owners v. Hickenlooper — Brief filed
On March12, 2015, our firm joined with co-counsel with Barry K. Arrington, Esquire of Centennial, Colorado, and filed in the Colorado Court of Appeals a brief challenging the constitutionality of the recent 2013 Colorado laws banning so-called “large capacity” magazines and requiring criminal background checks for all private transfers of firearms.
In 2013, representing the National Association
Article Examining our Brief Opposing Deliberate IRS Misreading of Obamacare Statute
In this article, we reviewed our arguments in the Supreme Court in King v. Burwell.
Jeremiah Morgan Testifies Before the Federal Election Commission
Today, on behalf of the Free Speech Coalition, Inc., the Free Speech Defense and Education Fund, Inc., and U.S. Justice Foundation Jeremiah Morgan of our firm testified before the Federal Election Commission at its Hearings on the McCutcheon v. FEC Advance Notice of Proposed Rulemaking. (His testimony appears at 5:19:51 of the video.)
Herb Titus Speaking at CLE on Fourth Amendment
Today, Herb Titus spoke at a Conference on Eminent Domain and Land Value Litigation sponsored by the American Law Institute in San Francisco, California.
Herb’s topic was the reemergence of the private property principle in the Fourth Amendment, as reflected in two recent decisions of the U.S. Supreme Court. In United States v. Jones and Jardines v. Florida, the Court ruled that the rights
Los Angeles v. Patel — Amicus Brief
Our firm filed yet another amicus curiae brief in our continuing effort to revitalize and extend the property basis of the Fourth Amendment. Here the case involved applying the Fourth Amendment to protect certain commercial records of hotels — guest registers.
Our brief was filed on behalf of Gun Owners of America, Inc., Gun Owners Foundation, U.S. Justice Foundation, Lincoln Institute for Research
Jackson v. City & County of San Francisco — Amicus Brief
Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a challenge to San Francisco’s gun storage and ammunition ordinances.
This decision comes as the latest in a long string of decisions wherein the lower federal courts simply have refused to implement the decision of the U.S. Supreme Court in Heller. As our amicus brief
Comments filed opposing FEC rulemaking after McCutcheon Decision
Today we filed comments in response to the Federal Election Commission notice in considering a petition for rulemaking. This petition asks the FEC to expand the definition of “federal office” to include a delegate to a constitutional convention for proposing amendments to the U.S. Constitution.
We explained that the FEC has no authority to expand the definition of “federal office”
John Albert Dummett, Jr. & Edward C. Noonan v. Alejandro Padilla — Petition for Certiorari
Today our firm filed a Petition for Writ of Certiorari seeking U.S. Supreme Court Review of two decisions of the California Courts which held that the California Secretary of State had no duty to determine whether a candidate for President of the United States is eligible to serve, if elected, before placing his name on the official state election ballot.
Our Petition explains that Article II, Section
King v. Burwell (Obamacare, Round III) — Amicus Brief
Today, our firm filed an amicus brief in the U.S. Supreme Court in opposition the Obamacare healthcare “exchanges” created by the federal government contrary to the plain language of the statute.
The Affordable Care Act (“ACA”) authorized tax credits only for taxpayers who purchase qualified health insurance through an “Exchange” which was established by a state.
Henderson v. United States — Amicus Brief
Tony Henderson was convicted in federal court of a felony drug crime. Before conviction, he had voluntarily turned over his firearms to the FBI. After conviction, knowing that, as a felon, he could no longer legally possess firearms under 18 U.S.C. Section 922(g)(1), Henderson sold his firearms to a third party. Henderson then asked the FBI to transfer his firearms to that eligible third party buyer.
Duke Law Review Article on HIPPA Mentions our Work
Our comments on behalf of Gun Owners America, Inc. to the Department of Health and Human Services on proposed HIPPA rules were cited in an article by Stephanie E. Pearl, “HIPPA: Caught in the Cross Fire,” published in the Duke University Law Journal, vol. 64, no. 3, p. 559, 565, n. 39 (2014).
Rodriguez v. United States — Amicus Brief
Today, our firm filed an amicus curiae brief in the U.S. Supreme Court, urging that the Fourth Amendment be applied to all searches and seizures of automobiles. We asked the Court to leave no latitude for judges to compromise away the constitutionally-protected civil liberties of Americans to serve the “needs” of law enforcement.
In Rodriguez,
Kolbe v. O’Malley — Amicus brief
Ever since the U.S. Supreme Court determined that the Second Amendment protected every citizen’s right to “keep and bear arms” in its 2008 Heller decision, lower federal courts have sought to evade the application of that rule. That pattern is now continuing in Maryland where a district judge has upheld the Maryland 2013 Firearms Safety Act (“Act”) which bans (i) so-called “assault weapons”
Comments filed with the FEC on Definition of “Federal Office”
Today we filed comments in response to the Federal Election Commission notice in considering a petition for rulemaking. This petition asks the FEC to expand the definition of “federal office” to include a delegate to a constitutional convention for proposing amendments to the U.S. Constitution.
We explained that the FEC has no authority to expand the definition of “federal office”