Mr. Rudolph Stanko was convicted of possession of a firearm and ammunition in violation of 18 U.S.C. Section 922(g)(1), which prohibits any person from possessing a firearm or ammunition if that person has been convicted of certain types of crimes punishable by imprisonment for a term exceeding one year. According to the statutory definition, the predicate crime cannot be any federal or state
State of Wyoming v. BATF District Court Oral Argument
On October 6, 2006, our attorneys had the opportunity to present oral argument in support of the Gun Owners Foundation amicus brief in Wyoming v. BATF. At stake in this litigation before the United States District Court for the District of Wyoming is the statutory and constitutional right of the state of Wyoming to conduct its own criminal background check for purchasers of firearms in Wyoming.
Outgoing California Attorney General Seeks Money from Car Makers
Today Bill Olson was quoted in an article in the Washington Timescommenting on a lawsuit based on “public nuisance” law filed by California Attorney General Bill Lockyer against General Motors, Chrysler, Ford, Toyota, Honda and Nissan.
“The Constitution and the High Court: The Case for Constitutional Fidelity”
A paper by Herb Titus, “The Constitution and the High Court: The Case for Constitutional Fidelity,” was published in the Fall 2006 edition of The Christian Lawyer. (The paper begins on page 5 of the PDF.)
State of Wyoming v. BATF Amicus Curiae Brief for Gun Owners Foundation in District Court
Today, our firm filed an amicus curiae brief for Gun Owners Foundation in the U.S. District Court for the State of Wyoming on behalf of the State of Wyoming, and the Wyoming Attorney General, Patrick J. Crank.
The brief was submitted in opposition to a BATF ruling that a Wyomingconcealed carry permit based on a Montana criminal background check is not sufficient to allow an FFL dealer to transfer
Michael New Petition for Rehearing En Banc
Today, the legal team for Michael New filed a petition for rehearing en banc of New’s collateral attack on his court-martial conviction for disobedience of a “lawful” order. In his petition, New documents the unmistakable fact that the three-judge panel decision — affirming the district court’s dismissal of his complaint that he was denied due process of law
Paper Demonstrates Threat to Second Amendment Rights Posed by Recent Supreme Court Reliance on International Law
In July, 2006, our firm prepared a paper entitled “Assessing the Threat to Second Amendment Rights Posed by the U.S. Supreme Court’s Use of Foreign Law In Constitutional Interpretation” which was published by Gun Owners Foundation.
The paper critically analyzes two recent Supreme Court cases (Roper v.Simmons, and Lawrence v. Texas) in which the Court has relied
Social Security Totalization Agreement: TSCL’s Freedom of Information Act Complaints Filed
On June 29, 2006, we filed Freedom of Information Act complaints against both the United States Department of State and the Social Security Administration in the United States District Court for the District of Columbia. The complaints arise from requests for records made by TSCL beginning in 2003 relating to the Social Security Totalization Agreement which the United States Government has negotiated
Postal Law Press Coverage
Bill Olson is quoted in this Govexec.com article “Legislative Provision Would Benefit Postal Service Competitors.”
Religious Liberty Not to Have a Social Security Number (Idaho Court of Appeals)
On March 17, 2006, we filed a supplemental reply brief bringing to the attention of the Idaho Court of Appeals the United States Supreme Court’s opinion in Gonzales v. UDV, in which Chief Justice John Roberts — writing for a unanimous court — construed the federal Religious Freedom Restoration Act to provide very favorable protection to individual liberty
United Seniors Association v. Social Security Administration Amicus Brief Filed to Attack Federal Statute Censoring 15 Political Words
We filed an amicus curiae brief with the U.S. Supreme Court on behalf of the Free Speech Defense and Education Fund, Conservative Legal Defense and Education Fund, Lincoln Institute for Research and Education, Citizens United Foundation, and Downsize DC Foundation in support of United Seniors Association’s (USA) petition for a writ of certiorari.
The amicus brief takes issue with the casual
Michael New Oral Argument Press Coverage
This Washington Times article, “Ex-soldier Appeals Conviction for Refusing Order,” discusses the oral argument in the Michael New case and quotes Herb Titus.
Michael New Oral Argument
On February 16 at 9:30AM, Herb Titus is scheduled for oral argument on behalf of Michael New before Circuit Judges Randolph and Garland and Senior Judge Williams, urging the appellate panel to reverse U.S. District Judge Friedman’s order dismissing Mr. New’s claim that he was unconstitutionally convicted of disobedience of a lawful order. Central to Mr. New’s constitutional claims
Former Firm Attorney Becomes Federal Magistrate Judge
Former firm attorney, Honorable James E. Gates, has been appointed to serve as a federal magistrate judge for the U.S. District Court for the Eastern District of North Carolina. Appointed for an eight-year term, Judge Gates will handle a wide range of civil and criminal matters, including misdemeanor trials, preliminary hearings and pretrial criminal motions.
Judge Gates had previously worked for
Business Mailers Review Reports on Haldi-Olson Paper on Unbundling the Postal Service
Business Mailers Review reported on the Haldi-Olson paper “Enhancing Competition By Unbundling the Postal Administration” in an article entitled “Unbundling Offered as Way to Modernize Mail.” Business Mailers Review subscription information can be found athttp://www.businessmailersreview.com.
Birthright Citizenship Study Re-Released: “Children Born in the United States to Aliens Should Not, by Constitutional Right, Be U.S. Citizens”
A legal analysis of Birthright Citizenship, written by Bill Olson, Herb Titus and Alan Woll, was re-released by U.S. Border Control today. The paper, “Children Born in the United States to Aliens Should Not, by Constitutional Right, Be U.S. Citizens” was originally published in January 2001,and then updated in March 2003. The House of Representatives is expected to be considering legislation
Michael New Reply Brief
On November 23, 2005, Michael New’s legal team filed a hard-hitting reply brief to the United States government’s continuing attempt to avoid New’s claim that his 1996 court-martial conviction for disobedience of a “lawful” order was unconstitutional. For over 10 years now, the government has sought to dismiss New’s claim that a 1995 order to wear a U.N. uniform
Citizens United, Citizens United Foundation, Amicus Brief in Wisconsin Right to Life Case
Today we filed an Amicus Brief for Citizens United and Citizens United Foundation in the U.S. Supreme Court case of Wisconsin Right to Life v. FEC. The brief asks the Supreme Court to overturn a decision of a Special Three Judge District Court in the District of Columbia. The brief argues that the lower court misread the Supreme Court’s decision in McConnell v. FEC resolving a “facial”
FSDEF Amicus Brief in United Seniors Association v. Social Security Administration
We filed an Amicus Brief for the Free Speech Defense and Education Fund in support of United Seniors Association’s petition for rehearing of the decision to fine them over $500,000 for using the words “Social Security” on carrier envelopes. The FSDEF brief submits that the panel misapplied the deferential agency review standard of Chevron and failed to apply the relevant
FSC Comments on FEC Electioneering Communications
The Free Speech Coalition (“FSC”) and Free Speech Defense and Education Fund (“FSDEF”) filed these Comments with the Federal Election Commission (“FEC”) on Friday, September 30, 2005, in connection with the FEC’s consideration of regulations with respect to the definition of “electioneering communication.”
Executive Order Study Referenced
The Cato Institute study co-authored by Bill Olson, “Executive Orders and National Emergencies: How Presidents Have Come to ‘Run the Country’ by Usurping Legislative Power,” was referenced in a presentation celebrating Constitution Day at Truman State University.
Michael New Initial Brief
We filed, on behalf of Michael New, an Initial Brief in the United States Court of Appeals for the District of Columbia Circuit. This brief presents for decision whether the district court improperly dismissed — for failure to state a claim upon which relief can be granted — each of the four counts of New’s Second Amended Complaint, collaterally attacking his January 25, 1996 court-martial
Herb Titus Quoted in USA Today
Herb Titus was quoted in USA Today in an article as to how the U.S. Supreme Court decisions in the McCreary and Van Orden cases could affect other displays of the Ten Commandments around the country.