Attorneys Alicia Kutzer and Bill Olson discuss our U.S. Supreme Court amicus brief in Missouri v. United States, defending the Missouri’s 2021 “Second Amendment Preservation Act” to protect its citizens’ rights to bear arms by prohibiting state employees from enforcing federal gun regulations that violate the Second Amendment.
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
United States v. Idaho — Amicus Brief
Today, we filed an Amicus brief to oppose the Biden Administrations effort to use the Emergency Medical Treatment and Active Labor Act (EMTALA) to undermine Idaho’s “Defense of Life Act.” We argue that the Biden Administration has been exceedingly hostile to the Supreme Court’s Dobbs decision and is working to circumvent it. The HHS Secretary had no statutory authority to issue the guidance documents to require elective abortions to be performed. We argue that the guidance documents constitute an unconstitutional usurpation of the states’ police power and exceeds federal spending power.
Link to brief
U.S. v. Texas — Amicus Brief
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
Moyle v. United States — Amicus Brief
Today, our firm file an amicus brief in support of Idaho’s law protecting the life of the unborn after the Supreme Court’s decision in Dobbs in 2022 which reversed Roe v. Wade. The federal government sued Idaho, asserting that the federal Emergency Medical Treatment
U.S. v. Abbott — Amicus Brief
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
U.S. v. Missouri — Amicus Brief
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
United States v. Texas — Merits Amicus Brief
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.
Missouri v. Biden — Amicus Supporting Petition for Certiorari
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
Coral Ridge Ministries v. Southern Poverty Law Center — Amicus Brief
Today, our firm file an amicus brief in support of a petition for certiorari filed by Coral Ridge Ministries. In the courts below (where we filed an amicus brief), Coral Ridge’s defamation complaint against SPLC was dismissed under the Supreme Court’s decision
NFIB v. OSHA — Amicus Supporting Stay of Vaccine Mandate
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
United States v. Kettler — Oral Argument
Today, the U.S. Court of Appeals for the Tenth Circuit held oral argument on the Kettler case. Our co-counsel in the case, Joe Miller, presented oral argument for Mr. Cox. The panel hearing the appeal consisted of Judges Hartz, Seymour and Phillips.
The oral argument my be listened to here.
United States v. Kettler — Reply Brief
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.
United States v. Kettler
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
Alabama Chief Justice Roy S. Moore v. Alabama Judicial Inquiry Commission
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
United States v. Texas
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
McDonnell v. United States
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