Hawaii v. Trump

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

Today, we filed our seventh amicus brief in support of President Trump’s immigration actions, this time, in support of his September 24, 2017 Proclamation.  Our brief challenged the purported standing of the plaintiffs below, where the district court based standing on the Establishment Clause, but then granted the injunction based on statutory grounds.  Our brief argued that the question Read More

United States v. Kettler — Reply Brief

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

Today, we filed a reply brief responding to the Government’s brief in opposition on behalf of Jeremy Kettler.  Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).  Read our previous discussion of the case and opening brief here.

Read Reply Brief here.

 

Collins v. Virginia — Merits Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, we filed an amicus brief in the U.S. Supreme Court in a case involving a warrantless search of a motorcycle under a tarp located in the “curtilage” of a home, or the area immediately surrounding it.  Under the deeply flawed rule the Virginia Supreme Court applied, the Fourth Amendment has no bearing at all whenever an automobile or anything that resembles an automobile is being searched, Read More

Third Set of Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sale Reporting

Jeremiah Morgan Administrative Law, Firearms Law

Today, our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation, expressing opposition to the ATF’s continuing effort to require federally licensed firearms dealers (FFL’s) to report to ATF information regarding the sale of multiple rifles.

Purportedly concerned about firearms being trafficked to Mexican drug cartels, about six years ago ATF created a new requirement Read More

Kenosha School District v. Whitaker

admin Statutory Construction, U. S. Supreme Court

In our brief, we challenged the opinion of the U.S. Court of Appeals for the Seventh Circuit, which had concluded that there was no privacy interests of other students implicated by members of the opposite sex using their restrooms.  This, we argued, rejected out of hand the long standing and universal practice of restroom separation by sex, based on nothing more than the judges’ own policy preferences.  Read More

Masterpiece Cakeshop v. Colorado Civil Rights Commission

admin Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court defending Masterpiece Cakeshop in Colorado against an order of a Colorado Administrative agency which would compel a Christian baker to facilitate and participate in the celebration of a same-sex wedding.

Link to brief

Price v. Chicago

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

Today we filed an amicus brief in the Seventh Circuit in a case challenging the City of Chicago’s buffer zone ordinance, which was designed to prevent pro-life sidewalk counselors from speaking to pregnant women at the last opportunity before they enter an abortion clinic. Our brief argued that the case should be decided as any other First Amendment case — and the First Amendment rules should not be bent because this case involves an abortion clinic. We discuss how the courts have allowed a separate abortion rights jurisprudence to have precedence over legal principles of general applicability. We also explain that the Chicago ordinance violates the often ignored First Amendment “right of the people peaceably to assemble.”

Link to brief

Trump v. IRAP; Trump v. Hawaii

admin Constitutional Law, Statutory Construction, U. S. Supreme Court

Today we filed our sixth brief in support of the Trump Immigration Executive Orders.  Three of those prior briefs were in the Ninth Circuit; one in the In the Fourth Circuit; and one in the U.S. Supreme Court.  In this brief, we set out four major arguments, on the critical issues which will be decided by the High Court..

First, we explain that as written and as applied the Establishment Clause Read More

Article: “Court gets refresher course in who actually writes laws”

admin Press Coverage

World Net Daily ran an article about our firm’s brief filed in Zarda v. Altitude Express.  The article addressed the factual problem with the case that we raised, in that the Appellant’s brief admitted that Zarda, a homosexual, was not fired because he was homosexual, but because he “over-shared” his sexual orientation with customers.  The article also focuses on our argument that the Courts have no business legislating from the bench.

Link to article

Zarda v. Altitude Express

admin Statutory Construction, U. S. Court of Appeals, Second Circuit

Today, we filed an amicus brief in the U.S. Court of Appeals for the Second Circuit sitting en banc, where we are opposing efforts by radical homosexuals to convince liberal judges in New York to re-write the Civil Rights Act of 1964 to prohibit discrimination against homosexuals in employment.

Currently, the 1964 federal law bars discrimination in employment on the basis of “sex” and “race.”  Read More

United States v. Kettler

admin Constitutional Law, Firearms Law, U. S. Court of Appeals, Tenth Circuit

Today, we filed a brief in the U.S. Court of Appeals for the Tenth Circuit as co-counsel for the defendant, Jeremy Kettler. Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).

In purchasing his suppressor, Mr. Kettler had relied on the Kansas Second Amendment Protection Act which Read More

In Re: Jackson Charitable Trust

admin Nonprofit Law, Pennsylvania Superior Court

This important case resolves an issue of Trust Law. It addresses the issue of the respective roles of Institutional Trustees and Individual
(Family) Trustees in making distributions when the Trust Instrument grants that authority to both. PNC bank refused to process the Jackson Family to make grants to conservative, pro-liberty, pro-free enterprise charities, on the theory that they were “political.” Read More

United States v. Seerden

admin Constitutional Law, U. S. District Court, Eastern District of Virginia

Today we filed an amicus brief in the U.S. District Court for the Eastern District of Virginia in defense of a service member whose cell phone was searched and seized by the military in an unlawful manner.  As we have in the Jones case, the Graham case, the Zodhiates case, and others we explain how the Fourth Amendment first and foremost protects property rights, not some vague “reasonable Read More