In a hard hitting essay first published in the Fall 2011 issue of the William & Mary Journal of Women in the Law, Herb Titus critically tracks the process by which the 111th Congress repealed “Don’t Ask Don’t Tell.” Titus maintains that from start to finish, the Democratic leadership chose to bring about repeal, utilizing an unconstitutional strategy that breached House rules,
Michael New v. Donald H. Rumsfeld — Reply Brief of Petitioner
We filed in the United States Supreme Court a reply to the Government’s brief in opposition to former Army Specialist Michel G. New’s petition for review of his January 1995 court-martial conviction (for violation of an order requiring him to wear the United Nations uniform prescribed for deployment to a U.N. operation in Macedonia).
After we had filed the Petition for Certiorari in November
Michael G. New v. Donald H. Rumsfeld — SG ordered to file response
On December 21, 2006, William K. Suter, Clerk of the Supreme Court, wrote to the Solicitor General informing the General that, although his office had waived a right to respond to the Michael New’s petition for certiorari, the Court has directed the Clerk to request that the Solicitor General file a response to the petition on or before January 22, 2007. (This deadline was subsequently was
Michael G. New v. Donald H. Rumsfeld — Petition for Certiorari
Today, we filed a petition for a writ of certiorari, seeking review by the United States Supreme Court of the dismissal of Michael G. New’s collateral attack on his January 1996 court-martial. (Former Army Specialist New was convicted of disobedience of an allegedly lawful order for failure to wear the United Nations uniform prescribed for his unit’s deployment as part of a U.N. commanded
Michael New Petition for Rehearing En Banc
Today, the legal team for Michael New filed a petition for rehearing en banc of New’s collateral attack on his court-martial conviction for disobedience of a “lawful” order. In his petition, New documents the unmistakable fact that the three-judge panel decision — affirming the district court’s dismissal of his complaint that he was denied due process of law
Michael New Oral Argument Press Coverage
This Washington Times article, “Ex-soldier Appeals Conviction for Refusing Order,” discusses the oral argument in the Michael New case and quotes Herb Titus.
Michael New Oral Argument
On February 16 at 9:30AM, Herb Titus is scheduled for oral argument on behalf of Michael New before Circuit Judges Randolph and Garland and Senior Judge Williams, urging the appellate panel to reverse U.S. District Judge Friedman’s order dismissing Mr. New’s claim that he was unconstitutionally convicted of disobedience of a lawful order. Central to Mr. New’s constitutional claims
Michael New Reply Brief
On November 23, 2005, Michael New’s legal team filed a hard-hitting reply brief to the United States government’s continuing attempt to avoid New’s claim that his 1996 court-martial conviction for disobedience of a “lawful” order was unconstitutional. For over 10 years now, the government has sought to dismiss New’s claim that a 1995 order to wear a U.N. uniform
Michael New Initial Brief
We filed, on behalf of Michael New, an Initial Brief in the United States Court of Appeals for the District of Columbia Circuit. This brief presents for decision whether the district court improperly dismissed — for failure to state a claim upon which relief can be granted — each of the four counts of New’s Second Amended Complaint, collaterally attacking his January 25, 1996 court-martial
Michael New v. Donald Rumsfeld
Today we filed our Memorandum in Opposition to Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint. By their motion to dismiss, Defendants seek to block the door to the federal courthouse to a soldier court-martialed for challenging an illegal and unconstitutional order.
Michael New v. United States — Petition for Certiorari
On Monday, September 10, 2001, nearly six years after he refused to put on the United Nations uniform and to submit to the command and control of a foreign military officer, Michael New has taken his fight for justice to the United States Supreme Court.
At the heart of his appeal is New’s right to his day in court. In a petition for writ of certiorari, New is asking the High Court to overrule
Michael New Case U.S. Supreme Court
Our firm filed an amicus brief for the National Citizens Legal Network in the case of New v. Cohen in the United States Supreme Court in support of petitioner Michael New.
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