Americans for Prosperity Foundation v. Becerra

admin Constitutional Law, U. S. Court of Appeals, Ninth Circuit

Today we filed another amicus brief in support of Americans for Prosperity’s challenge to the California Attorney General’s demand for its confidential donor information as a condition of raising money in the state. This brief urged the Ninth Circuit to grant rehearing en banc to reverse an earlier panel decision. The brief was filed for Citizens United, Citizens United Foundation, Free Speech Coalition, and Free Speech Defense and Education Fund. Read More

United States v. Zodhiates

admin Constitutional Law, U. S. Court of Appeals, Second Circuit

Today we filed an amicus brief in the Second Circuit in support of a petition for rehearing en banc, asking the Court to reconsider its decision which misapplied the Supreme Court’s decision in Carpenter v. United States, 138 S.Ct. 2006 (June 22, 2018). The trial court allowed the government to introduce evidence of “Cell Site Location Information” (“CSLI”) obtained without a warrant, which the Carpenter decision affirmed was protected by the Fourth Amendment. (This is our second amicus brief that we filed in this case, the first being filed on July 26, 2017) Read More

Article: Washington Examiner — “Brett Kavanaugh will be very good for property rights”

admin Press Coverage

This article by Dick Patten of the American Business Defense Council  in the Washington Examiner about the appointment of Judge Kavanaugh references our article in Case Western School of Law Journal of Law, Technology & the Internet.  There, we discussed Judge Kavanaugh’s important dissent to the denial of a petition for rehearing en banc in a case that became United States v. Jones in the U.S. Supreme Court.  We analyzed Judge Kavanaugh’s dissent in our amicus brief in Jones, and Justice Scalia’s decision embraced the originalist property-based foundation for the Fourth Amendment. Read More

Law 360 Article Discusses our Harris Funeral Home Brief

admin Press Coverage, Statutory Construction

Bill Olson was quoted in an article by Braden Campbell called “States, Faith Groups Tell Justices To Hear Trans Bias Case,” in Law 360:  “’We have a lower federal judiciary that’s spinning out of control as circuits race toward political correctness, and if the Supreme Court doesn’t restore order, it’s hard to know where this is going to end,’ Olson said, referencing other rulings interpreting Title VII to cover gay workers.” Read More

Harris Funeral Homes v. EEOC

admin Statutory Construction, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court urging the court to grant a petition for certiorari to the U.S. Court of Appeals for the Sixth Circuit to review its decision giving a meaning to Title VII that Congress never intended.  The Sixth Circuit decided to change a 50-year old understanding of Title VII to accommodate to the demands of LGBTQ activists, by barring employment discrimination based on “sexual orientation.”  Our brief explained the radical nature of recent the Hively and Zarda cases where courts chose to amend Title VII under the guise of re-interpretation of the statute.  This follows on the two briefs we filed in Zarda, and the earlier brief we filed in the Harris Funeral Home case when it was in the Sixth Circuit. Read More

Article: Trump Administration Rift on LGBT Worker Rights Nears Showdown

admin Press Coverage, Statutory Construction

Chris Opfer of BNA News wrote an article about the Zarda case where we filed a brief and other similar cases.where LGBTQ? advocates are asking judges to re-write the 1964 Civil Rights Act to grant them special rights.

The Article quotes Bill Olson, saying “Not only is it an effort to have a societal sanction for an immoral lifestyle, but it’s being accomplished by unelected judges who are admitting they are changing the law,” Read More

American Legion v. American Humanist Association (Bladensburg Cross)

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief urging the Supreme Court to block a Fourth Circuit decision which found that the Bladensburg (Maryland) War Memorial, which includes a 40-foot cross, violates the Establishment Clause.  The Fourth Circuit opinion discusses the relief being sought by a few Maryland residents to be either razing the Cross, or defacing it by cutting off its arms, and making it into an Egyptian obelisk. Read More

Altitude Express v. Zarda

admin Statutory Construction, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court supporting a petition for certiorari to review a circuit court decision giving homosexuals the right to sue employers, even though Congress never authorized such suits.  Ten liberal Second Circuit judges joined a decision to rewrite Title VII of the Civil Rights Act of 1964 to prohibit discrimination against homosexuals in employment.  This follows a similar ruling from the Seventh Circuit. Read More

Citizens United v. Department of Justice (Case No. 1:18-cv-01446)

admin FOIA Law, U. S. District Court, District of Columbia

Today, on behalf of Citizens United, we filed a Complaint under the Freedom of Information Act against the Justice Department, seeking certain records relating to communications between former Assistant Attorney General for Legislative Affairs Peter Kadzik and former FBI agent Peter Strzok.  The case was filed in the U.S. District Court for the District of Columbia.

Gundy v. United States

admin Constitutional Law, U. S. Supreme Court

Today, we filed an amicus merits brief in the Supreme Court addressing the 80-year old anti-delegation doctrine.  Our brief explains why the “intelligible principle” test that was adopted by the Court has failed to uphold the constitution’s structural integrity.  We explain that separation of powers is essential to preserve the liberty of the American people.  And we explain why it is particularly problematic for Congress to delegate to an unelected bureaucrat the power to criminalize behavior.

Link to brief