Law Matters — Episode 12
Alicia Kutzer and Bill Olson discus the constitutionality of the Corporate Transparency Act and our Amicus brief in Hotze v. U.S. Department of Treasury.
Hotze v. U.S. Dept. of Treasury — Amicus Brief
For a discussion of this case, see Law Matters Episode 12
Law Matters — Episode 8
Alicia Kutzer and Bill Olson discus the “stop and frisk” doctrine and our Supreme Court of the United States amicus brief in Cooper v. United States.
New York v. Trump — Amicus Brief
Today, working with Steven J. Harfenist of Harfenist Kraut & Perlstein, LLP, our firm filed an amicus brief in support of President Trump’s appeal of New York’s fraud case against him and others connected to the Trump Organization. Our brief argued that New York’s law does not authorize the Attorney General to seek the equitable remedy of disgorgement where there is no harm
Fischer v. United States — Amicus Brief
Today, our firm filed an amicus brief on the merits opposing the Biden Justice Department’s use of the Sarbanes-Oxley anti-shredding statute against the January 6 defendants. The statute, which can be used to impose sentences of up to 20 years in prison, was passed in the wake of the Enron document shredding scandal, but is now being used by the Biden DOJ as a cudgel to obtain guilty pleas
Fischer v. United States — Amicus Supporting Petition for Certiorari
Today, our firm filed an amicus brief in support of a petition for certiorari filed by a January 6 defendant. Our brief argued that, since the government claimed the election protest on January 6 was an insurrection, it should have charged many defendants with that crime, but instead it charged no one with insurrection, preferring use of a Sarbanes-Oxley provision (which does not apply) to get a
O’Handley v. Weber — Amicus Supporting Petition for Certiorari
Today, our firm filed an amicus brief in support of a petition for certiorari in a challenge to California’s efforts to coerce social media companies to censor a user on Twitter. The petitioner had a tweet deleted and then his account suspended by Twitter, at the direction of California and its Office of Elections Cybersecurity. Our brief disputed California’s censorship of “false
CFPB v. Townstone Financial — Amicus Brief
Today, our firm filed an amicus brief in defense of a Chicago-area mortgage company which had been sued by one of the most activist left-wing federal agencies in Washington — the Consumer Financial Protection Bureau (“CFPB”). The mortgage company’s radio show criticized the prevalence of crime in Chicago and surrounding areas, causing the CFPB to accuse it of racial discrimination
Missouri v. Biden — Amicus Brief
Today, our firm filed an amicus brief in support of a challenge led by the states of Missouri and Louisiana. The challengers sought and received a preliminary injunction against certain members of the Biden Administration, prohibiting them from continuing to pressure social media companies to censor speech that they oppose. Our brief argued that the federal government has an improper view of its
Blankenship v. NBCUniversal — Amicus supporting petition for certiorari
Today, our firm filed an amicus brief in support of a petition for certiorari requesting that the Supreme Court reconsider New York Times v. Sullivan and its progeny. Our brief explained how Justice Brennan’s opinion in that case radically changed libel law by immunizing most libel against public figures. Brennan’s opinion was based neither on the First Amendment text nor a
NRA v. Vullo — Amicus Supporting Petition for Certiorari
Today, our firm filed an amicus brief in support of NRA’s Petition for Certiorari challenging New York’s Department of Financial Services (DFS) threats to banks and insurance companies doing business with the NRA because it is pro-gun. Our amicus brief explained that the Second Circuit, ruling in favor of New York, relied on a “reputational risk” justification that was once
Ward v. Thompson — Amicus Supporting Stay of Jan 6 Committee Subpoena
Today, our firm filed an amicus brief in support of an emergency application for stay of a subpoena for phone records issued by the House January 6 Committee. Our brief was filed on behalf of America’s Future, Free Speech Coalition, Free Speech Defense and Education Fund, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund.
Feds for Medical Freedom v. Biden — Amicus brief on Rehearing En Banc
Today, our firm file an amicus brief in the Fifth Circuit following its grant of a petition for rehearing en banc to reconsider President Biden’s COVID-19 vaccine mandate for federal employees. Our brief argued that the Civil Service Reform Act did not bar the lawsuit as the Fifth Circuit panel had previously ruled. Also, our brief argued that President Biden lacked the authority to issue
Torcivia v. Suffolk County — Amicus Supporting Petition for Certiorari
Today our firm filed an amicus brief in support of a challenge to a Second Circuit decision which upheld an illegal search and seizure of firearms in his home by police after Petitioner was taken for a mental health examination. The police now assert that the “special needs exception” to the Fourth Amendment permitted the search and seizure.
Our brief urges the Supreme Court to grant
303 Creative v. Elenis — Merits Amicus Brief
Today, our firm filed an amicus brief on the merits in 303 Creative. We previously filed an amicus brief in support of the petition for certiorari. Our amicus brief argued that the Colorado Anti-Discrimination Act empowers militant, homosexual activists to use the legal system to attack and destroy Christian business owners.
McCoy v. University of Virginia Health System — Supplemental Memorandum
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.
Kaycee McCoy v. University of Virginia Health System — Reply Memorandum in Support of Injunctive Relief
Today, we filed a Reply Memorandum in Support of Injunctive Relief for Kaycee McCoy (see memorandum in support of injunctive relief here).
Kaycee McCoy v. University of Virginia Health System — Memorandum in Support of Injunction
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
Kaycee McCoy v. University of Virginia Health System — Complaint filed
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
303 Creative v. Elenis
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
County of Los Angeles, et al. v. Superior Court of Los Angeles County (Grace Community Church and Pastor John MacArthur)
Today we filed an amicus brief in a California appellate count in support of Pastor John MacArthur and Grace Community Church. That Church began holding in-person, indoor services in late July despite a ban imposed on such services by Los Angeles County due to COVID-19. The Church, inter alia, has asserted that the ban violates Article I, section 4 of the California Constitution
Reply to Virginia’s Response in Opposition filed in Virginia Supreme Court on Virginia Governor Northam’s Gun Ban EO
After we filed our Emergency Petition for Review last night, this morning at about 9:15 am, the Solicitor General of Virginia filed his Response in Opposition. We filed our Reply to that Opposition about 1:00 pm. The Virginia Supreme Court issued an Order denying our Petition for Review about 6:15 pm.
Emergency Petition for Review filed Against Virginia Governor Northam’s Gun Ban EO
About 6:00 pm this evening, we filed in the Virginia Supreme Court an Emergency Petition for Review asking the Court to enjoin Governor Northam’s Executive Order banning firearms on the grounds of the Virginia Capitol, as unauthorized by law, in violation of law (Virginia Code section 44-146.15) , and unconstitutional. (See next entry.)