U.S. v. Texas — Amicus Brief

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

Today, our firm filed an amicus brief in support of Texas’ SB4, which allows law enforcement to arrest individuals suspected of unlawfully being in the United States and Texas. The Biden Administration filed suit against Texas seeking to have SB4 enjoined. Our amicus brief argued that Texas has the authority under Article I, Section 10, Clause 3 and as a sovereign entity to defend itself and Read More

U.S. v. Abbott — Amicus Brief

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

Today, our firm filed an amicus brief in support of Texas Governor Abbott’s installation of floating barriers on the Rio Grande. Our brief argued that Texas has the inherent power as a sovereign entity to defend its people against invasion across its borders. Our brief also demonstrated that Texas’ actions are consistent with Article I, Section 10, Clause 3 as it is under an “actual Read More

U.S. v. Missouri — Amicus Brief

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

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in support of Missouri’s Second Amendment Preservation Act which declares that certain federal firearms restrictions violate the Second Amendment rights of Missourians. Our brief argued that the district court did not properly understand the Constitution’s Supremacy Clause, and that it also violates Read More

United States v. Texas — Merits Amicus Brief

Jeremiah Morgan Administrative Law, Constitutional Law, Statutory Construction, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court, in support of Texas and Louisiana and their challenge to the Biden Administration’s written policy not to enforce certain immigration laws. Our amicus brief argued that the States have standing to challenge the unlawful federal actions, both under the doctrine of “special solicitude” standing and parens patriae standing. Read More

Missouri v. Biden — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, Health Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for certiorari filed by Missouri and nine other states challenging the CMS vaccine mandate for workers healthcare at certain facilities. Our brief argued that the vaccine mandate is not permitted under either the Spending Clause or the Commerce Clause. Our brief also argued that the vaccine mandate impermissible commandeers state employees Read More

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

United States v. Kettler — Reply Brief

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

Today, we filed a reply brief responding to the Government’s brief in opposition on behalf of Jeremy Kettler.  Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).  Read our previous discussion of the case and opening brief here.

Read Reply Brief here.

 

United States v. Kettler

admin Constitutional Law, Firearms Law, U. S. Court of Appeals, Tenth Circuit

Today, we filed a brief in the U.S. Court of Appeals for the Tenth Circuit as co-counsel for the defendant, Jeremy Kettler. Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).

In purchasing his suppressor, Mr. Kettler had relied on the Kansas Second Amendment Protection Act which Read More

Alabama Chief Justice Roy S. Moore v. Alabama Judicial Inquiry Commission

admin Alabama Supreme Court, Constitutional Law

The Alabama Court of the Judiciary removed Roy S. Moore, the elected Chief Justice of the State of Alabama, based on spurious grounds related to the U.S. Supreme Court’s Obergefell decision in favor of same sex marriage.  Today, we filed a brief in support of the Chief Justice’s appeal of that decision to the Alabama Supreme Court.

In our 55-page brief, in addition to other issues, our Read More

United States v. Texas

admin Constitutional Law, U. S. Supreme Court

Today we filed a brief in the U.S. Supreme Court supporting the challenge filed by Texas and 25 other states to the Obama Administration’s DAPA amnesty program.  (We had earlier filed an amicus brief in support of Texas in this case in the Fifth Circuit, where Texas prevailed.)  Our brief explains why the Executive Branch had no authority (through DAPA or otherwise) to grant unilaterally Read More

McDonnell v. United States

admin Constitutional Law, U. S. Supreme Court

On March 7, 2016, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of former Virginia Governor Robert McDonnell’s challenge to his conviction on federal corruption charges.

Our brief argues that setting and enforcing ethical standards applicable to state and local government officials is not among the enumerated powers vested in Congress.  Rather, such matters belong Read More