Cargill v. Garland — Supplemental Amicus Brief on Rehearing En Banc

Jeremiah Morgan Administrative Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit, Uncategorized

Today, our firm file a supplemental amicus brief for the Fifth Circuit’s rehearing en banc of a challenge to the ATF’s bump stock rule. (We previously file an amicus brief in support of the petition for rehearing en banc.) Our brief argued that the bump stock rule was politically motivated and that bump Read More

Torcivia v. Suffolk County — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Supreme Court

Today our firm filed an amicus brief in support of a challenge to a Second Circuit decision which upheld an illegal search and seizure of firearms in his home by police after Petitioner was taken for a mental health examination. The police now assert that the “special needs exception” to the Fourth Amendment permitted the search and seizure.

Our brief urges the Supreme Court to grant Read More

Missouri v. Biden — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, Health Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for certiorari filed by Missouri and nine other states challenging the CMS vaccine mandate for workers healthcare at certain facilities. Our brief argued that the vaccine mandate is not permitted under either the Spending Clause or the Commerce Clause. Our brief also argued that the vaccine mandate impermissible commandeers state employees Read More

303 Creative v. Elenis — Merits Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief on the merits in 303 Creative. We previously filed an amicus brief in support of the petition for certiorari. Our amicus brief argued that the Colorado Anti-Discrimination Act empowers militant, homosexual activists to use the legal system to attack and destroy Christian business owners. Read More

Yukutake v. Hawaii — Amicus Brief

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

Today, our firm filed an amicus brief in the Ninth Circuit Court of Appeals to help defend a decision of the district court of Hawaii striking down two state restrictions on firearms purchase. Hawaii law requires that even after obtaining a permit to purchase a specific handgun, the permit expired after 10 days, and then the firearm must be physically carried to a police station for inspection. Read More

Heltzel v. Youngkin — Amicus brief supporting petition for certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

In Heltzel, a group of plaintiffs are challenging the removal by former Governor Ralph Northam of the Robert E. Lee Monument, which had stood in Richmond for 120 years. The Heltzel plaintiffs are now seeking U.S. Supreme Court review of a decision of the Virginia Supreme Court which sanctioned that removal. Today, our firm filed the only amicus brief in support of the Lee Monument and against Read More

Jewel v. NSA — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

In Jewel, a group of plaintiffs are seeking a federal injunction against the widespread, warrantless surveillance of communications involving Americans by the National Security Agency (NSA). The case has been litigated for over a decade, most recently with the Ninth Circuit denying relief in a dismissive, one-page opinion. The Jewel plaintiffs are now seeking U.S. Supreme Court intervention to Read More

Texas v. United States — DACA appeal

Jeremiah Morgan Constitutional Law, U. S. Court of Appeals, Fifth Circuit

Today, we filed an amicus brief in support of a challenge brought by Texas and other states against Obama’s DACA policy. Our brief explained that the Texas states have standing to bring this challenge to DACA. Further, our brief argued that DACA presents several constitutional violations, including the separation of the powers as it is an exercise of legislative power, and that it violates Read More

Cargill v. Garland — Amicus Brief

Jeremiah Morgan Administrative Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed an amicus brief in support of a petition for rehearing en banc in a case challenging the bump stock ban. Our brief explained that bump stocks do not convert a semiautomatic firearm into a machinegun, and that only Congress has the power to amend the text of statutes. Finally, we explained that the district court’s and the court of appeals panel’s conclusions contradicted Read More

McCoy v. University of Virginia Health System — Supplemental Memorandum

Jeremiah Morgan Circuit Court for the City of Charlottesville, Constitutional Law, Health Law, Litigation

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.

Link to Supplemental Memorandum

NFIB v. OSHA — Amicus Supporting Stay of Vaccine Mandate

Jeremiah Morgan Administrative Law, Constitutional Law, Health Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support applications of stay of the OSHA Vaccine Mandate and a petition for certiorari before judgment. Numerous parties sought court review and a stay of the OSHA Vaccine Mandate after it was issued on November 5, 2021. After the Sixth Circuit allowed the mandate to take effect, requests for stay were sought in the Supreme Court as well as petitions for Read More

Kaycee McCoy v. University of Virginia Health System — Memorandum in Support of Injunction

Jeremiah Morgan Circuit Court for the City of Charlottesville, Constitutional Law, Health Law, Litigation

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 Read More

Kaycee McCoy v. University of Virginia Health System — Complaint filed

Jeremiah Morgan Circuit Court for the City of Charlottesville, Constitutional Law, Health Law, Litigation

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 Read More