Lund v. Rowan County

Michael Harless Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today we filed a brief in support of the practice by the Rowan County Board of Commissioners to begin sessions with prayer. Predictably, the plaintiffs are deeply offended to hear the name of God mentioned, but their subjective feelings does not cause the public prayer by government officials to be transformed into a prohibited “establishment” of religion.

Link to brief

Grace v. District of Columbia

Michael Harless Firearms Law, U. S. Court of Appeals, District of Columbia Circuit

Today, we filed a brief in the U.S. Court of Appeals for the District of Columbia in support of a challenge to the D.C. Concealed Carry statute which was brought by Matthew Grace and others.  Our brief argues that the District of Columbia Council based its argument on the notion of hidden exceptions to the Bill of Rights, and a flawed understanding of the difference between the restricted nature Read More

Steven Fish v. Kris Kobach

Michael Harless Constitutional Law, U. S. Court of Appeals, Tenth Circuit

Today our firm filed an amicus brief in the Tenth Circuit in support of the right of Kansas to require that persons registering to vote under the National Voter Registration Act of 1994 submit documentary proof of citizenship. Our brief supported the position taken by Kansas Secretary of State Kris Kobach.

Link to brief

Wrenn v. District of Columbia

Michael Harless Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit, in support of a challenge to the District of Columbia’s requirement that a person must demonstrate a “good reason” in order to obtain a permit to carry a concealed weapon.  Our brief noted that before Heller, the federal courts perpetuated the charade that the right of “the People” Read More

Arizona Dream Act Coalition v. Brewer (DACA)

Michael Harless Constitutional Law, U. S. Court of Appeals, Ninth Circuit

Today we filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit defending the right of the State of Arizona to refuse to issue drivers licenses to illegal aliens who enjoy temporary protection from deportation based on President Obama’s  Deferred Action for Childhood Arrivals (DACA) Program.

Link to brief

Grimm v. Gloucester County School Board

Michael Harless Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit, opposing attempts by a girl with feelings of gender “dysphoria” to use Title IX to gain access to the boy’s bathrooms at her school.  Our brief argued that one’s sex is a scientific constant, and determined by the Creator.  Allowing a person’s feelings at any given Read More

Hamilton v. Pallozzi

Michael Harless Firearms Law, U. S. Court of Appeals, Fourth Circuit

Today our firm filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit supporting the right of a Maryland resident to purchase and possess firearms despite a prior conviction. Hamilton had been convicted of a non-violent felony in Virginia and served his sentence. Later, Virginia restored his civil rights, and then a Virginia Court specifically restored his firearms rights.

Now Read More

Wikimedia Foundation v. National Security Agency

Michael Harless Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today,we filed our third brief opposing NSA’s program of “Upstream” Internet surveillance of Americans.  Our brief urges the Fourth Circuit to reverse the decision of the District Court in Maryland which found that neither Wikimedia Foundation — which runs Wikipedia — nor the other plaintiffs in the case, had standing to challenge that surveillance.

Link to brief

United States v. Graham

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

Today our firm filed a brief supporting a Fourth Amendment challenge to the warrantless use of cell site location information.

The brief was filed on behalf of DownsizeDC.org, Downsize DC Foundation, United States Justice Foundation, Gun Owners of America, Inc., Gun Owners Foundation, Conservative Legal Defense and Education Fund, and Institute on the Constitution.

Link to brief

Americans for Prosperity Foundation v. Harris
Thomas More Law Center v. Harris

Michael Harless Nonprofit Law, U. S. Court of Appeals, Ninth Circuit

Today we filed a brief in the Ninth Circuit for the Free Speech Defense and Education Fund, the Free Speech Coalition and other nonprofits attacking a new interpretation of law by the the California Attorney General.  Under this new interpretation, as a per-condition to soliciting contributions in California, each charity must provide provide the Attorney General with its IRS Form 990 Schedule Read More

United States v. Monifa J. Sterling

Michael Harless Constitutional Law, U. S. Court of Appeals, Armed Forces

Today our firm filed in the U.S. Court of Appeals for the Armed Forces an amicus brief defending the right of a United States Marine to post small signs containing Bible verses at her work station.

Marine Lance Corporal Monifa Sterling printed and taped a paraphrase of Isaiah 54:17 at three places around her workspace:  “No weapon formed against me shall prosper.”  The three locations were Read More

Watson v. United States

Michael Harless Firearms Law, U. S. Court of Appeals, Third Circuit

Today we filed our second brief in as many months explaining why fully automatic weapons (termed in federal law “machine guns”) are protected “arms” under the Second Amendment — in the Third Circuit. The earlier brief was Hollis v. Lynch, filed on November 2, 2015 — in the Fifth Circuit.

Link to brief

Hollis v. Lynch — Amicus Brief

Michael Harless Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed in the U.S. Court of Appeals for the Fifth Circuit an amicus brief in support of a challenge to the federal machine gun ban, ironically passed as part of the 1986 Firearm Owners Protection Act.

Under the Gun Control Act (“GCA”), “persons” are generally prohibited from possessing machineguns. A “person” is defined to include entities such a Read More

Silvester v. Harris — Amicus Brief

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit, in support of a challenge to California’s 10-day waiting period for firearm purchases. One of the most draconian states when it comes to Second Amendment rights, California forces its residents to wait 10 days after a purchase before a lawful buyer may acquire a lawful firearm.

First, our brief dispelled Read More

Texas v. United States — Amicus Brief

Michael Harless Constitutional Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit, supporting the challenge by State of Texas and 25 other states to the Obama Administration’s misuse of “executive action” (“DAPA”) to implement provisions of the DREAM Act that Congress refused to enact.

Our brief was filed on behalf of Citizens United, Citizens United Foundation, Read More

Peruta v. San Diego, Richards v. County of Yolo — Amicus Brief

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today our firm filed a brief supporting the right to “bear” arms in California. A panel of the U.S. Court of Appeals for the Ninth Circuit previously handed down an opinion striking down San Diego County’s policy under which “self-defense” was not considered to be a “good cause” allowing the issuance of a concealed carry permit. Now, the Ninth Circuit decided Read More

Independence Institute v. FEC — Amicus Brief

Michael Harless Administrative Law, Constitutional Law, Election Law, U. S. Court of Appeals, District of Columbia Circuit

Today we filed an amicus brief in support of the Independence Institute in their challenge to the Federal Election Commission’s regulations requiring the names and addresses of donors to nonprofits doing issue ads, which technically meet the criteria of Independent Expenditures, to be disclosed. Our brief explains the motivation of Congress for wanting this information.

Link to brief

Kolbe v. O’Malley — Amicus brief

Michael Harless Firearms Law, U. S. Court of Appeals, Fourth Circuit

Ever since the U.S. Supreme Court determined that the Second Amendment protected every citizen’s right to “keep and bear arms” in its 2008 Heller decision, lower federal courts have sought to evade the application of that rule. That pattern is now continuing in Maryland where a district judge has upheld the Maryland 2013 Firearms Safety Act (“Act”) which bans (i) so-called “assault weapons” Read More

Heller v. District of Columbia — Amicus Brief

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, District of Columbia Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit, supporting another challenge by the legendary Dick Heller to the District of Columbia’s onerous firearm registration and licensing requirements. This is our firm’s third amicus brief supporting Heller’s challenges to these DC gun regulations. In 2008, the Supreme Court adopted the type Read More

Jackson v. City & County of San Francisco — Amicus Brief

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed a brief to uphold gun rights in the U.S. Court of Appeals for the Ninth Circuit, in support of a Petition for Rehearing En Banc, in the case Jackson v. San Francisco, No. 12-17803.

San Francisco ordinances prohibit the possession of a handgun within the home unless it is (i) being worn on the person or (ii) locked away. San Francisco also prohibits the purchase of hollowpoint Read More

Shew v. Malloy — Amicus Brief

Michael Harless Firearms Law, U. S. Court of Appeals, Second Circuit

Our firm filed in the U.S. Court of Appeals for the Second Circuit an amicusbrief in support of Connecticut gun owners who challenged Connecticut’s ban of so-called “assault weapons” and “large capacity magazines.”

The law being challenged was passed by anti-gun Connecticut legislators and signed by an anti-gun Governor, riding a wave of hysteria following the December 2012 mass murder Read More

Christopher Hedges v. Barack Obama, et al. Amicus Brief for U.S. Congressman Steve Stockman, et al. in the United States Court of Appeals for the Second Circuit

Michael Harless Constitutional Law, U. S. Court of Appeals, Second Circuit

Today our firm filed an amicus brief in the case of Christopher Hedges v.Barack Obama, et al. in the United States Court of Appeals for the Second Circuit in support of appellees and affirmance. This lawsuit challenges the National Defense Authorization Act (“NDAA”) of 2012’s illegal detention provision. Our firm also filed an amicus Read More