Trump v. New York (Merits)

admin Constitutional Law, Statutory Construction, U. S. Supreme Court

Today we filed our second amicus brief in the case of Trump v. New York, on the merits, defending the discretion given by Congress to the President to conduct the census.  In our brief, we urge the court to reverse the district court’s decision which mandates that illegal aliens be counted in the apportionment basis for allocating seats in the House of Representatives and the Electoral College.

Link to brief

Amicus Brief: Trump v. New York

admin Constitutional Law, Statutory Construction, U. S. Supreme Court

Today our firm filed the only amicus brief (at least thus far) in the U.S. Supreme Court case of Trump v. New York, supporting President Trump’s Memorandum instructing the Secretary of Commerce to provide him with data necessary to reapportion the House of Representatives among the states without counting illegal aliens. The brief was filed for Citizens United, Citizens United Foundation, Read More

DHS v. Regents of the University of California

admin Constitutional Law, U. S. Supreme Court

Today we file our fourth amicus brief in support of President Trump’s authority to rescind President Obama’s unconstitutional DACA policy. Finally, the U.S. Supreme Court chose to review the lower court orders which have prevented President Trump from changing policy, and we address the issues in our merits amicus brief. We explain why the decision to end DACA was not judicially reviewable, and that DACA itself was unlawful. Our prior briefs were filed February 2, 2018 in the U.S. Supreme Court, March 14, 2018 in the Second Circuit, and December 6, 2018 in the U.S. Supreme Court.

Link to brief

Department of Commerce v. New York

admin Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief in support of the Department of Commerce’s decision to add a citizenship question for the 2020 Census. A federal court in New York issued an injunction against the administration from adding the citizenship question, but the Supreme Court granted certiorari before a judgment of the Second Circuit. Our brief explained that the purpose of the decennial census is Read More

DHS v. Regents of the University of California & Nielsen v. Vidal (DACA)

admin Constitutional Law, U. S. Supreme Court

Today, we filed our third brief in support of President Trump’s rescission of President Obama’s unconstitutional DACA program. We urge the Supreme Court to review the three pending injunctions against the rescission issued by Democrat judges. We asked the High Court to determine the legality of “universal injunctions” by district judges, as well as the constitutionality of Read More

New York v. Trump (DACA)

admin Constitutional Law, U. S. Court of Appeals, Second Circuit

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.

Link to brief

 

U.S. Dept. of Homeland Security v. Regents of U. California (DACA)

admin Administrative Law, Constitutional Law, U. S. Supreme Court

Today we filed another brief relating to President Obama’s unconstitutional DACA policy — Deferred Action for Childhood Arrivals. This brief supported the Trump Administration’s to obtain U.S. Supreme Court before judgment review of a nationwide injunction issued by District Judge William H. Alsup.

Link to brief

Hawaii v. Trump

Jeremiah Morgan Constitutional Law, Statutory Construction, U. S. Court of Appeals, Ninth Circuit

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 Read More

Trump v. IRAP; Trump v. Hawaii

Michael Harless Constitutional Law, Statutory Construction, U. S. Supreme Court

Today we filed our sixth brief in support of the Trump Immigration Executive Orders.  Three of those prior briefs were in the Ninth Circuit; one in the In the Fourth Circuit; and one in the U.S. Supreme Court.  In this brief, we set out four major arguments, on the critical issues which will be decided by the High Court..

First, we explain that as written and as applied the Establishment Clause Read More

Trump v. IRAP

Michael Harless Constitutional Law, U. S. Supreme Court

Today we filed in the U.S. Supreme Court an amicus brief supporting President Trump’s challenge to the Fourth Circuit decision which approved a Maryland judge’s injunction against his Executive Order.  Our brief supports both President Trump’s application to stay this injunction, and supports his petition for certiorari.  The brief addressed three broad points.

First, we explain Read More

Brewer v. Arizona Dream Act (DACA)

Michael Harless Constitutional Law, U. S. Supreme Court

Today, our firm was honored to have filed its 100th amicus brief in the U.S. Supreme Court.  This brief supported a petition for certiorari filed by the state of Arizona.  Arizona is seeking to have the Supreme Court review and reject a Ninth Circuit opinion which struck down Arizona’s decision not to issue driver’s licenses to illegal aliens who are part of President Obama’s Read More

Hawaii v. Trump

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

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 Read More

IRAP v. Trump

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

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 Read More

Washington v. Trump

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

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 Read More

State of Washington v. Donald J. Trump

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

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.

Link to brief

 

Comments filed with U.S. Citizenship & immigration Services Opposing New Refugee Application

Michael Harless Administrative Law

Today, our firm filed comments with the division of the U.S. Department of Homeland Security responsible for Refugee matters, opposing changes in the form used to seek refugee status. If changed as proposed, the form will fail to obtain from applicants the information needed for the government to make a proper determination as to whether a person claiming refugee status actually qualifies as a refugee Read More

Legal Policy Paper: The Constitutional Case for an Interstate Border Compact

Michael Harless Publications

Today, we authored a paper entitled “The Constitutional Case for an Interstate Border Compact” for the United States Justice Foundation.  Even though President Obama is hostile to national immigration law, the states could step in and take the lead.  One way that they could assume this responsibility is entering into an “interstate border compact” as authorized by the U.S. Read More