Comments to Department of Education — Nondiscrimination on the Basis of Sex in Athletics Rulemaking

Jeremiah Morgan Administrative Law, Statutory Construction

Today, we filed comments on behalf of America’s Future, Public Advocate of the United States, and Conservative Legal Defense and Education Fund in response to a Department of Education notice of proposed rulemaking on “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic 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

Tennessee v. Department of Education — Amicus Brief

Jeremiah Morgan Administrative Law, Statutory Construction, U. S. Court of Appeals, Sixth Circuit

Today, our firm filed an amicus brief in support of a challenge brought by Tennessee and several other states against the Biden Administration’s guidance documents dictating how government funded schools must treat homosexuals and transgender students issued by the Department of Education. These rules are far reaching, including boys showering with girls and competing in girls’ sports, Read More

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

Comments to Department of Education — Title IX Rulemaking

Jeremiah Morgan Administrative Law, Statutory Construction

Today, we filed comments on behalf of America’s Future in response to a Department of Education notice of proposed rulemaking on “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.” Our comments oppose the regulatory redefinition of “sex” as used by Title IX of the Educational Amendments of 1972.

Link 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, Uncategorized

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

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

Rob Olson Presents Oral Argument before En Banc Sixth Circuit in Bumpstock Case

Jeremiah Morgan Administrative Law, Appearances, Firearms Law, Litigation

Today, Rob Olson presented oral argument before the U.S. Court of Appeals for the Sixth Circuit sitting en banc in our continuing litigation against ATF’s bump stock regulation issued in December 2018. The Sixth Circuit granted rehearing en banc after a three-judge panel ruled against the bump stock ban earlier this year. Audio of the oral argument is available.

Link to oral argument audio

GOA & GOF Comments Opposing ATF Re-Definition of “Frame or Receiver.”

admin Administrative Law, Firearms Law

Today we filed comments with the ATF on behalf of our clients Gun Owners of America and Gun Owners Foundation.  These comments relate to Docket No. ATF 2021R-05:  “Definition of ‘Frame or Received’ and Identification of Firearms.”  These Comments explain why ATF has no authority to make these changes in the definition of “frame or receiver” set out in 8 U.S.C. Section 921(a)(3).

Link to Comments

Gloucester County School Board v. Gavin Grimm

admin Administrative Law, U. S. Supreme Court

Today we filed our fourth amicus brief in the Gloucester County School Board case, which now has been been in litigation for over five years. This case involves a high school girl who claimed that her high school violated Title IX by not allowing her to use the boys’ bathroom because she “identifies” as a boy. By a vote of 2-1, the Fourth Circuit panel found a violation. Our brief urges the U.S. Supreme Court to review that decision, explains why the School Board made the right choice, and shows why Title IX and the Equal Protection Clause were not violated.

Link to brief

GOA Letter to Director of National Intelligence & Director of FBI re French Involvement in U.S. Elections

admin Administrative Law, Election Law

Today we sent a letter, transmitting copies of our October 6, 2020 complaint and exhibits that had been filed with the Federal Election Commission, to DNI Director John Ratcliffe and FBI Director Christopher Wray. This submission was made pursuant to a request of Director Wray made at a Press Conference seeking information about foreign intervention in federal elections on October 21, 2020.

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GOA & John Crump — FEC Complaint About Facebook

admin Administrative Law, Election Law

Today we filed a complaint with the Federal Election Commission detailing violations of the Federal Election Campaign Act committed by Facebook, AFP Fact Check, and possibly Kamala Harris for Vice President. The complaint is based on multiple acts of suppression of information about the anti-gun views of Vice Presidential Candidate Kamala Harris by Facebook, pursuant to decisions made by a French Read More

Brief: San Francisco v. Azar

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

Today our firm filed an amicus brief in support of a challenge to a series of district court decisions within the Ninth Circuit striking down a recent HHS regulation.  The regulation issued by the Trump Administration was designed to protect healthcare workers from being required to performing certain procedures, such as abortions, euthanasia, and sex change surgeries.

Link to brief

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

TSCL & CMF Comments on FDA Draft Guidance on Homeopathic Products

admin Administrative Law, Health Law

On behalf of The Senior Citizens League, and the Center for Medical Freedom, we filed comments with the FDA supporting the view that the FDAt has no authority over homeopathic products other than to prevent adulterated products.

“These commentors believe that the FDA is wholly without authority to impose regulations and direct enforcement efforts against homeopathic remedies, except with respect Read More

Roberts & GOA v. U.S. Justice Department

admin Administrative Law, Firearms Law, U. S. District Court, Eastern District of Michigan

Today, with Kerry Morgan, Esquire of Wyandotte, Michigan, we filed suit on behalf of gun owners against the U.S. Justice Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives to challenge an unlawful action of ATF affecting Michigan gun owners.  On March 3, 2020, ATF issued a determination letter that directed Michigan FFLs to refuse to accept a concealed pistol license in lieu of a NICS background check from the FBI when buying a gun.  Federal law allows the use of such a license to purchase a firearm.   Our complaint can be found here.

FSC/FSDEF Comments Filed with IRS re Form 990, Schedule B, Donor Identification Rules

admin Administrative Law, Nonprofit Law

Today we filed comments with the IRS, supporting its proposed regulation to eliminate the requirement for exempt organizations, other than IRC section 501(c)(3) organizations, to identify the name and address of their largest donors on their IRS Form 990s. These comments were filed for Free Speech Coalition, Free Speech Defense and Education Fund, and eleven other organizations. We asked the IRS to expand the exemption to include section 501(c)(3) organizations as well.

Link to comments

Comments filed supporting petition for rulemaking to FEC

admin Administrative Law, Election Law

Today we filed comments with the Federal Election Commission in response to a petition for rulemaking filed by the Institute for Free Speech on the FEC’s definition of “contribution.” Our comments supported the IFS petition and also urged the FEC to amend the definition of “expenditure” in the same rulemaking.
The comments were filed on behalf of the Free Speech Read More

Bump Stocks: Gun Owners of America files Motion for Preliminary Injunction Against Bumpstock Regulations

admin Administrative Law, Litigation, U. S. District Court, Western District of Michigan

Today, our firm filed a motion for a preliminary injunction, seeking to stop the Bumpstock regulations from going into effect on March 26, as planned.

(Plaintiffs’) Motion for Preliminary Injunction (December 26, 2018)

(Plaintiffs’) Memorandum in Support of Motion for a Preliminary Injunction (December 26, 2018)

(Plaintiffs’) Party Declarations (December 26, 2018)

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Bump Stocks: Gun Owners of America files Challenge to ATF Bumpstock Regulations

admin Administrative Law, Litigation, U. S. District Court, Western District of Michigan

Today, ATF published in the Federal Register its final regulations imposing a total ban on private ownership of bumpstocks, overruling numerous prior ATF decisions.  Later that same day, our firm filed a chellenge to this regulation on behalf of Gun Owners of America, Guy Owners Foundation, Virginia Citizen Defense League, and three individuals — Matt Watkins, Tim Harmsen and Rachel Malone.  Read More