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

303 Creative v. Elenis

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in support of a Petition for Certiorari filed by small business owner who provides website design services.  She would like to begin offering custom wedding websites, but the Colorado Anti-Discrimination Act (the same law used against Jack Phillips and Masterpiece Read More

Rob Olson Presents Oral Argument before En Banc Sixth Circuit in Bumpstock Case

Jeremiah Morgan Administrative Law, Appearances, Firearms Law, Litigation

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.

Link to oral argument audio

Jewel v. NSA — Amicus Supporting Rehearing En Banc

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

Today, our firm filed its third amicus brief in the Jewel litigation, this time in support of a Petition for Rehearing En Banc before the Ninth Circuit. A panel of the Ninth Circuit once again ruled in support of the federal government, holding that the Jewel plaintiffs had failed to set forth sufficient evidence to establish standing and also affirming the district court’s exclusion of such Read More

FBI v. Fazaga — FISA & State Secrets Privilege

admin Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in support of certain Muslims in Los Angeles who were surveilled electronically and otherwise by the FBI and a confidential informant. The FBI has asserted the state secrets doctrine to seek dismissal of most claims, including a FISA claim under which the district court could conduct an ex parte in camera review of the surveillance to determine if there were Read More

Dobbs v. Jackson Women’s Health Org. — CLDEF Amicus Brief

admin Constitutional Law, U. S. Supreme Court

Today we filed a brief for CLDEF in support of the effort by Mississippi to overturn the Supreme Court’s decision in Roe v. Wade (1973) and in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992).  We argued that Supreme Court abortion jurisprudence in no way was based on the Fourteenth Amendment’s Due Process Clause, but rather the personal preferences of the justices.  Our brief exposed three major flaws in Roe:  1. Roe relied on misrepresentations about how common law viewed abortion; 2. Roe made flawed assumptions understating the maternal risk from abortion; and 3. Roe erroneously assumed state anti-abortion laws were not written to defend the life of the preborn. Lastly, we urged the Court to end its historical embrace of eugenics.

Link to brief

Dobbs v. Jackson Women’s Health Org. — Intercessors for America Amicus Brief

admin Constitutional Law, U. S. Supreme Court

Today we filed a brief for Intercessors for America in support of the effort by Mississippi to overturn the Supreme Court’s decision in Roe v. Wade (1973) and in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992).  We argued that the Court erred in establishing “viability” as the touchstone for its abortion decisions.  We also explained how Justice Blackmun based his decision on a Pagan foundation.  We cited many Supreme Court sources to demonstrate that the Court increasingly does what it wants to do, regardless of what the Constitution states.  We review how the Court’s jurisprudence in areas such as the Establishment Clause and government schools has established paganism as our nation’s religion.  Lastly, we explain that this Court’s abortion cases have brought bloodguilt upon the land and opened the nation to God’s righteous temporal judgments.

Link to brief

New York State Rifle & Pistol Association v. Bruen — SCOTUS Merits

admin Constitutional Law, Firearms Law, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court supporting a challenge to the virtual ban on concealed carry in New York State.   The brief was filed on behalf of Gun Owners of America, Gun Owners Foundation, and the Heller Foundation.  We critique the Second Circuit case in Kachalsky v County of Westchester, explain how the New York licensing scheme undermines the prefatory Read More

Second Letter to Virginia Private and Public Colleges & Universities Demanding Revocation of Mandatory COVID-19 Vaccine Requirement

admin Health Law

This week, we sent a second letter to public colleges and universities (June 6), and private colleges and universities (June 9).

Read the Word letter to private colleges and universities here.

Read the WordPerfect letter to private colleges and universities here.

Read the PDF letter to private colleges and universities here.

Read the Word letter to public colleges and universities here.

Read the WordPerfect letter to public colleges and universities here.

Read the PDF letter to public colleges and universities here.