Americans for Prosperity Foundation v. Harris
Thomas More Law Center v. Harris

admin Nonprofit Law, U. S. Court of Appeals, Ninth Circuit

Today we filed a brief in the Ninth Circuit for the Free Speech Defense and Education Fund, the Free Speech Coalition and other nonprofits attacking a new interpretation of law by the the California Attorney General.  Under this new interpretation, as a per-condition to soliciting contributions in California, each charity must provide provide the Attorney General with its IRS Form 990 Schedule Read More

Zubik v. Burwell
Little Sisters of the Poor v. Burwell

admin Constitutional Law, U. S. Supreme Court

Today our firm filed a brief supporting a challenge to the contraceptive/abortifacient imposed by Obamacare.  Our brief asked the U.S. Supreme Court to expand the scope of its review, which is now narrowly limited to the Religious Freedom Restoration Act (“RFRA”) issue, to also include the First Amendment issue.

The brief was filed on behalf of U.S. Justice Foundation, Eberle Communications Read More

United States v. Monifa J. Sterling

admin Constitutional Law, U. S. Court of Appeals, Armed Forces

Today our firm filed in the U.S. Court of Appeals for the Armed Forces an amicus brief defending the right of a United States Marine to post small signs containing Bible verses at her work station.

Marine Lance Corporal Monifa Sterling printed and taped a paraphrase of Isaiah 54:17 at three places around her workspace:  “No weapon formed against me shall prosper.”  The three locations were Read More

Voisine v. United States

admin Firearms Law, U. S. Supreme Court

Today we made our 10th filing in 10 years opposing various applications of what is known as the so-called “Lautenberg Amendment,” which purports to impose a lifetime ban on firearms ownership on those who commit certain misdemeanors. The anti-gun lobby seeks to strip gun ownership from as many persons as possible, even if the misdemeanor was a minor matter, involving neither firearms Read More

Hollis v. Lynch — Amicus Brief

admin Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed in the U.S. Court of Appeals for the Fifth Circuit an amicus brief in support of a challenge to the federal machine gun ban, ironically passed as part of the 1986 Firearm Owners Protection Act.

Under the Gun Control Act (“GCA”), “persons” are generally prohibited from possessing machineguns. A “person” is defined to include entities such a Read More

Masterpiece Cakeshop v. Craig & David — Amicus Brief

admin Colorado Supreme Court, Constitutional Law

Today we filed an a brief in the Colorado Supreme Court urging it to review a decision of the Colorado Court of Appeals which had upheld a decision of the Colorado Civil Rights Commission penalizing the Christian bakery for refusing to bake a cake to be used in the celebration of a same sex marriage.

It is strange indeed that the people of Colorado had adopted in 2006 a constitutional amendment defining Read More

United States v. Robert G. Arwady and Richard P. Medrano
Verdict in — Both defendants Not Guilty on all counts

admin Firearms Law, Litigation, U. S. District Court, Southern District of Texas

Rob Olson has called in to report that after two hours of deliberation, the jury has come back with a Not Guilty verdict on all counts.

Bob Arwardy and Richard Medrano were accused of participating in a “straw purchase” of firearms on February 27, 2014 and other firearms offenses in an eight count indictment.   After significant motions practice, including work by both Rob Olson and Read More

Silvester v. Harris — Amicus Brief

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

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit, in support of a challenge to California’s 10-day waiting period for firearm purchases. One of the most draconian states when it comes to Second Amendment rights, California forces its residents to wait 10 days after a purchase before a lawful buyer may acquire a lawful firearm.

First, our brief dispelled Read More

Texas v. United States — Amicus Brief

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

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit, supporting the challenge by State of Texas and 25 other states to the Obama Administration’s misuse of “executive action” (“DAPA”) to implement provisions of the DREAM Act that Congress refused to enact.

Our brief was filed on behalf of Citizens United, Citizens United Foundation, Read More

Peruta v. San Diego, Richards v. County of Yolo — Amicus Brief

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

Today our firm filed a brief supporting the right to “bear” arms in California. A panel of the U.S. Court of Appeals for the Ninth Circuit previously handed down an opinion striking down San Diego County’s policy under which “self-defense” was not considered to be a “good cause” allowing the issuance of a concealed carry permit. Now, the Ninth Circuit decided Read More

Independence Institute v. FEC — Amicus Brief

admin Administrative Law, Constitutional Law, Election Law, U. S. Court of Appeals, District of Columbia Circuit

Today we filed an amicus brief in support of the Independence Institute in their challenge to the Federal Election Commission’s regulations requiring the names and addresses of donors to nonprofits doing issue ads, which technically meet the criteria of Independent Expenditures, to be disclosed. Our brief explains the motivation of Congress for wanting this information.

Link to brief

Obergefell v. Hodges
Tanco v. Haslam
DeBoer v. Snyder
Bourke v. Beshear

admin Constitutional Law, U. S. Supreme Court

Today, we filed an amicus curiae brief in the U.S. Supreme Court opposing efforts to have the Court force homosexual marriage on the States and the People.

The brief was filed on behalf of: Public Advocate of the U.S., Joyce Meyer Ministries, U.S. Justice Foundation, The Lincoln Institute, Abraham Lincoln Foundation, Institute on the Constitution, Conservative Legal Defense and Education Fund, and Read More

Hedgepath v. Bentley — Chief Justice Roy Moore Response to Motion to Dismiss

admin Constitutional Law, Litigation, U. S. District Court, Southern District of Alabama

Today, representing Alabama Supreme Court Chief Justice Roy Moore, our firm joined with Alabama local counsel Douglas McElvy in filing a Motion to Dismiss a suit filed against certain Alabama state officials seeking to penalize their opposition to same sex marriage. A Brief in Support of the Motion was also filed.

Rocky Mountain Gun Owners v. Hickenlooper — Brief filed

admin Colorado Court of Appeals, Firearms Law, Litigation

On March12, 2015, our firm joined with co-counsel with Barry K. Arrington, Esquire of Centennial, Colorado, and filed in the Colorado Court of Appeals a brief challenging the constitutionality of the recent 2013 Colorado laws banning so-called “large capacity” magazines and requiring criminal background checks for all private transfers of firearms.

In 2013, representing the National Association Read More

Los Angeles v. Patel — Amicus Brief

admin Constitutional Law, U. S. Supreme Court

Our firm filed yet another amicus curiae brief in our continuing effort to revitalize and extend the property basis of the Fourth Amendment. Here the case involved applying the Fourth Amendment to protect certain commercial records of hotels — guest registers.

Our brief was filed on behalf of Gun Owners of America, Inc., Gun Owners Foundation, U.S. Justice Foundation, Lincoln Institute for Research Read More

Jackson v. City & County of San Francisco — Amicus Brief

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

Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a challenge to San Francisco’s gun storage and ammunition ordinances.

This decision comes as the latest in a long string of decisions wherein the lower federal courts simply have refused to implement the decision of the U.S. Supreme Court in Heller. As our amicus brief Read More

John Albert Dummett, Jr. & Edward C. Noonan v. Alejandro Padilla — Petition for Certiorari

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

Today our firm filed a Petition for Writ of Certiorari seeking U.S. Supreme Court Review of two decisions of the California Courts which held that the California Secretary of State had no duty to determine whether a candidate for President of the United States is eligible to serve, if elected, before placing his name on the official state election ballot.

Our Petition explains that Article II, Section Read More