Today our firm filed an amicus brief in a challenge to a California law limiting the capacity of magazines to 10 rounds. We explain that the two-step test used by the lower federal courts undermines the U.S. Supreme Court decisions in Heller and McDonald. And we explain that weapons useful in military service are exactly the type of weapons covered by the Second Amendment under United States v. Miller and Heller.
Jewel v. NSA
Today our firm filed its second amicus brief in a challenge to the most sweeping Fourth Amendment violations ever committed by the U.S. government. (Our last brief was filed over four years ago.) This suit seeks to stop three different mass surveillance programs operated by the federal government — programs which have seized Internet (email, internet searches, etc.) and telephone communications
State of Texas v. United States
Today our firm filed our ninth amicus brief opposing Obamacare. This briefs supports challenge to Obamacare brought by the State of Texas and other states based on the fact it is unconstitutional since the penalty for the individual mandate was zeroed out by Congress in December 2017. Earlier, we filed the only amicus brief supporting the Texas challenge in district court in Texas. This brief
CREW v. FEC
Today our firm filed an amicus brief opposing a strained reading of the Federal Election Campaign Act disclosure requirement which CREW has urged a federal court to be forced on the FEC. FEC rules have long required the disclosure by non-political committees of donors giving to support specific Independent Expenditures (IEs). Reversing that established rule, the U.S. District Court for the District
Young v. Hawaii
Today we filed an amicus brief opposing a request for rehearing by the State of Hawaii of a Ninth Circuit decision which overturned Hawaii’s virtual ban on citizens bearing weapons. We opposed Hawaii’s argument that its laws against carrying firearms were long-standing, explaining that those laws existed when Hawaii was a monarchy where the reigning king or queen was sovereign —
Americans for Prosperity Foundation v. Becerra
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
United States v. Zodhiates
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
United States v. Ackerman
Today we filed our second amicus brief in the Ackerman case. Our first brief was filed in the U.S. District Court for the District of Kansas, and today’s brief was filed in the Tenth Circuit. This case involves the power of the government to conduct searches and seizures of email and attachments to email. The District Court decision upholding the search was entirely based on the “reasonable expectation of privacy” atextual judicial construct. When this case was before the Tenth Circuit previously, that Court raised the property basis of the Fourth Amendment set out in United States v. Jones in 2012, but this issue was not addressed by the District Court.
In the third section of our brief, we explain the history of the property foundation of the Fourth Amendment from before its ratification, through its abandonment, and now through its return to primacy in Fourth Amendment jurisprudence. (Now-Justice Gorsuch authored the earlier Tenth Circuit opinion focusing on the property principle.)
IFS v. Becerra
Today, we filed a brief in the Ninth Circuit supporting a challenge against the California Attorney General’s demands for the large donor lists (IRS Form 990 Schedule B) of charitable organizations who wish to register to solicit donations in that state. We argued that the AG’s requirement creates a condition precedent that violates the right to peacably assemble. We also explained that the new rule does not only risk public dissemination of donor information, as has already happened in California, but also the risk that politicized Attorney Generals in New York and California — Kamala Harris, Xavier Becerra, and Eric Schneiderman — would misuse the information. We also raised the distinct possibility that the AG is committing the federal crime of solicitation of taxpayer information because it is conditioning the ability to raise funds in California on the “voluntary” provision of the confidential donor lists. Finally, we argued that 9th Circuit precedent in similar cases improperly relied on election law cases, requiring that IFS’ case be heard en banc.
New York v. Trump (DACA)
Just before midnight tonight, we filed our fourth brief defending President Trump’s rescission of President Obama’s unconstitutional DACA program. This brief was filed in the Second Circuit, which is considering an appeal from a “nationwide” or “universal” injunction issued by one Democrat lawyer currently serving as an unelected federal district judge in Brooklyn, who had been appointed in 2000 by President Clinton — Nicholas G. Garaufis.
Whole Woman’s Health v. Paxton
Today we filed an amicus brief supporting efforts by the State of Texas to outlaw unbelievably cruel and barbaric dismemberment abortions.
Hawaii v. Trump
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
Price v. Chicago
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.”
Zarda v. Altitude Express
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.”
United States v. Zodhiates
Today we filed a brief in the Second Circuit challenging the Government’s use of cell phone location information obtained from a cell phone provider in response to a grand jury subpoena. We explain that under the Jones and Jardines textual/historic analysis that the cell phone user has a protected privacy interest in these records.
Accordingly, under the Fourth Amendment, the Government must
EEOC v. Harris Funeral Home
Today we filed a brief in the Sixth Circuit supporting a Christian Funeral Home in a suit by the EEOC on behalf of a man employed by that funeral home who would like to dress in women’s clothing for one year as he “transitions.” The EEOC made the naked assertion that the claim for this employee was supported by the text of Title VII of the Civil Rights Act of 1964, but failed
G.G. v. Gloucester County School Board
Today we filed our third amicus brief defending the Gloucester County School Board against an ACLU challenge on behalf of a girl who would like to be a boy. The prior litigation involved the Obama Administration’s directives to the School Board to open the boys room and boys locker and shower facilities to Gavin Grimm. However, President Trump rescinded those guidance letters. Therefore,
Hawaii v. Trump
Today, our firm filed its fourth brief in support of President Trump’s effort to impose immigration controls. This brief supported President Trump’s second Executive Order issued on March 6, 2017 — to secure our borders against entry by those coming from select countries where their background cannot be checked.
Our first two briefs were filed in the Washington State challenge, in the
IRAP v. Trump
Today, our firm filed its third brief in support of President Trump’s effort to impose immigration controls. Our brief supported President Trump’s effort to secure our borders against entry by those coming from select countries where their background cannot be checked. This brief was filed in the Fourth Circuit — with respect to the second Trump Executive Order issued on March
Hamilton v. Pallozzi
Today, we filed our second amicus brief in this case, in support of a petition for rehearing en banc in the U.S. Court of Appeals for the Fourth Circuit. We urged the Fourth Circuit to rehear the case, because the panel decision ignored the requirements of the U.S. Constitution’s Full Faith and Credit clause. The issue involved a Maryland resident’s right to purchase and
Washington v. Trump
Today we filed a brief in support of rehearing by the Ninth Circuit en banc, of the Ninth Circuit’s motions panel denial of the Trump Administration’s motion for a stay of the Temporary Restraining Order issued by a federal district judge in Washington State enjoining operation of the President’s Executive Order on immigration and refugees.
We previously filed another brief in this
State of Washington v. Donald J. Trump
Today we filed an amicus brief in the Ninth Circuit in support of a motion to stay a Temporary Restraining Order issued by the U.S. District Court for the Western District of Washington, which prohibited enforcement of several sections of President Trump’s recent Executive Order temporarily suspending entry of certain immigrants and refugees into the United States.
Americans for Prosperity Foundation v. Xavier Becerra
Today we filed a brief for the Free Speech Coalition and a large number of nonprofit orgainzations opposing efforts by the Attorney General of California to compel the disclosure by nonprofit organizations soliciting funds in that state of the names of their largest donors.
The issue in the case involves conditioning the ability to fundraise in California on disclosing confidential information to
Citizens United v. Schneiderman
Today we filed an amicus brief in the U.S. Court of Appeals for the Second Circuit opposing efforts by the Attorney General of New York from implementing new procedures requiring every nonprofit organization which solicits funds in that state to provide him with the names, addresses, and donation amounts of the organization’s largest donors. Although the Attorney General of New York insists