Morehouse v. ATF — Petition for Rehearing En Banc

Jeremiah Morgan Administrative Law, Firearms Law, Litigation, Statutory Construction, U. S. Court of Appeals, Eighth Circuit

Today, our firm, with Stephen Stamboulieh, filed a Petition for Rehearing En Banc — joined by 17 States — in the Eight Circuit, in the challenge to the Biden Administration’s ATF rulemaking on frames and receivers.

Link to petition for rehearing en banc

Loper Bright v. Raimondo — Merits Amicus Brief

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

Today, our firm filed an amicus brief in a case requesting the Supreme Court to overturn its Chevron doctrine, a judicially created rule to defer to executive branch agency interpretations of statutes instead of the courts actually interpreting the statutes. Our amicus brief described the confusion caused by Chevron deference, both in the D.C. Circuit in this case and as demonstrated in the various Read More

CFPB v. Community Financial Services — Merits Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court, in support of a challenge to the unconstitutional funding mechanism of the Consumer Financial Protection Board. The CFPB is funded through the Federal Reserve, not through constitutional congressional appropriations. Our brief demonstrated that the Federal Reserve is also not funded by congressional appropriations, which is another Read More

Biden v. Nebraska — Merits Amicus Brief

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

Today, our firm filed an amicus brief in Biden v. Nebraska, a case challenging Biden’s student loan forgiveness vote buying scheme. Our brief, filed on behalf of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC, explained that the Framers of the Constitution structured the national government with a separation of powers Read More

Crawford v. Pennsylvania — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, Pennsylvania Supreme Court

Today, our firm filed an amicus brief in support of Pennsylvania’s firearms preemption statutes which establishes that Pennsylvania municipalities do not have the authority to enact local gun laws. We previously filed an amicus brief in this case when it was before the Commonwealth Court. Gilbert Ambler of Ambler Law Offices was co-counsel on the amicus brief.

Link to brief

Morehouse v. ATF — Appellants’ Opening Brief

Jeremiah Morgan Administrative Law, Firearms Law, Litigation, Statutory Construction, U. S. Court of Appeals, Eighth Circuit

Today, our firm filed in the Eight Circuit the Opening Brief of the Private Appellants in the challenge to the Biden Administration’s ATF rulemaking on frames and receivers challenging the denial of a preliminary injunction by the U.S. District Court for the District of North Dakota.

Link to brief

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

Cargill v. Garland — Supplemental Amicus Brief on Rehearing En Banc

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

Today, our firm file a supplemental amicus brief for the Fifth Circuit’s rehearing en banc of a challenge to the ATF’s bump stock rule. (We previously file an amicus brief in support of the petition for rehearing en banc.) Our brief argued that the bump stock rule was politically motivated and that bump Read More

Texas v. United States — DACA appeal

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

Today, we filed an amicus brief in support of a challenge brought by Texas and other states against Obama’s DACA policy. Our brief explained that the Texas states have standing to bring this challenge to DACA. Further, our brief argued that DACA presents several constitutional violations, including the separation of the powers as it is an exercise of legislative power, and that it violates Read More

Cargill v. Garland — Amicus Brief

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

Today, our firm filed an amicus brief in support of a petition for rehearing en banc in a case challenging the bump stock ban. Our brief explained that bump stocks do not convert a semiautomatic firearm into a machinegun, and that only Congress has the power to amend the text of statutes. Finally, we explained that the district court’s and the court of appeals panel’s conclusions contradicted 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

Liberty University Amicus Brief Opposes VA Gov. Northam COVID-19 Controls on Commonwealth

admin Constitutional Law, Health Law, Virginia Supreme Court

Since March, Virginia Governor Ralph Northam has imposed a draconian set of rules and regulations on the People and businesses of Virginia, ostensibly to address the COVID-19 threat. Yet he has refused to call the Virginia General Assembly into session to get authority to impose controls. Under his theory, his power is virtually limitless, and could continue into next year, and beyond. Today we Read More

United States v. Michael Flynn

admin Constitutional Law, Litigation, U. S. District Court, District of Columbia

On behalf of Citizens United, Citizens United Foundation, and The Presidential Coalition, our firm filed an amicus brief supporting the dismissal of charges against General Michael Flynn. Our brief also opposes the court’s inquiry into bringing contempt and perjury charges against General Flynn. The case against General Flynn is currently pending in both the U.S. District Court for the District of Columbia, where we filed this brief, and in the U.S. Court of Appeals for the District of Columbia Circuit where we earlier filed a brief for General Flynn.

Link to CU/CUF/TPC Amicus Brief
Link to Motion for Leave to File

In re: Michael Flynn

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

Today we filed an amicus brief for former United States Attorney General Edwin Meese III supporting the dismissal of criminal charges against General Michael Flynn.  In our brief we argue that the Attorney General of the United States, not a federal district judge, has the primary responsibility for ensuring that criminal charges are brought only for violations of actual federal crimes.  In the Read More

State of New York v. Department of Health and Human Services

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

Today our firm filed an amicus brief in the Second Circuit defending President Trump’s and his Department of Health and Human Services’ effort to protect healthcare workers from being forced to participate in abortions, sterilizations, and euthanasia. Our brief explains that Planned Parenthood and the other plaintiffs are still pursuing an Eugenics Agenda. Our brief explains how the 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

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

Gundy v. United States

admin Constitutional Law, U. S. Supreme Court

Today, we filed an amicus merits brief in the Supreme Court addressing the 80-year old anti-delegation doctrine.  Our brief explains why the “intelligible principle” test that was adopted by the Court has failed to uphold the constitution’s structural integrity.  We explain that separation of powers is essential to preserve the liberty of the American people.  And we explain why it is particularly problematic for Congress to delegate to an unelected bureaucrat the power to criminalize behavior.

Link to brief

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

 

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

admin 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