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

Ward v. Thompson — Amicus Supporting Stay of Jan 6 Committee Subpoena

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of an emergency application for stay of a subpoena for phone records issued by the House January 6 Committee. Our brief was filed on behalf of America’s Future, Free Speech Coalition, Free Speech Defense and Education Fund, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund.

Link Read More

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

Klein v. Oregon Bureau of Labor and Industries — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of two owners of a specialty cake shop in Oregon. The owners were targeted because they are Christians and were fined by the state of Oregon for declining to design and create a wedding cake to celebrate a same-sex marriage. Our brief argued that Oregon’s public accommodations law defies the jurisdictional limit on government imposed by the Read More

Antonyuk v. Hochul — Temporary Restraining Order

Jeremiah Morgan Constitutional Law, Firearms Law, Litigation, U.S. District Court, Northern District of New York

This morning, the U.S. District Court for the Northern District of New York issued a Temporary Restraining Order. The court temporarily restrained New York from enforcing certain provisions of its new Concealed Carry Improvement Act pending a decision on the motion for preliminary injunction.

Link to court’s TRO

Rhode v. Bonta — Supplemental Amicus Brief

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

Today, our firm filed a supplemental amicus brief addressing the effect of the Supreme Court’s recent decision in New York State Rifle & Pistol Association v. Bruen on the Rhode case. Our firm previously filed an amicus brief in support of Rhode in the Ninth Circuit on August 7, 2020.

Link to supplemental amicus brief

Eagle Forum of Alabama — Amicus in support of motion to quash

Jeremiah Morgan Constitutional Law, U. S. District Court, Middle District of Alabama

Today, our firm filed an amicus brief in support of a motion to quash filed by Eagle Forum of Alabama opposing a subpoena by the federal government. The subpoena demands confidential information from a nonprofit advocacy organization relating to a law passed by Alabama which bans certain medical procedures harmful to minors.

Link to brief

Yukutake v. Hawaii — Supplemental Amicus Brief

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

Today, our firm filed a supplemental amicus brief addressing the effect of the Supreme Court’s recent decision in New York State Rifle & Pistol Association v. Bruen on the Yukutake case. Our firm previously filed an amicus brief in support of Yukutake in the Ninth Circuit on May 2, 2022.

Link to supplemental amicus brief

Moore v. Harper — Merits Amicus Brief

Jeremiah Morgan Constitutional Law, Election Law, U. S. Supreme Court

Today, our firm filed an amicus brief for America’s Future in the U.S. Supreme Court which is considering whether state courts may usurp the constitutional role of state legislatures to set the “Times, Places and Manner” for holding Congressional elections under Article I, Sec. 4, cl. 1. Our brief answered that question in the negative, arguing that the U.S. Constitution assigns Read More

Feds for Medical Freedom v. Biden — Amicus brief on Rehearing En Banc

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

Today, our firm file an amicus brief in the Fifth Circuit following its grant of a petition for rehearing en banc to reconsider President Biden’s COVID-19 vaccine mandate for federal employees. Our brief argued that the Civil Service Reform Act did not bar the lawsuit as the Fifth Circuit panel had previously ruled. Also, our brief argued that President Biden lacked the authority to issue Read More

Duncan v. Bonta — Supplemental Amicus Brief on Remand

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

Today, we filed a supplemental amicus brief on remand, our fourth amicus brief in this case. Our brief recounted the two-step test overturned by the Supreme Court in Bruen, and put this case in the context of the various cases on remand within the Ninth Circuit since Bruen. It then explained how to apply Bruen to this case. Our brief also reminded the Ninth Circuit of Read More

Torcivia v. Suffolk County — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Supreme Court

Today our firm filed an amicus brief in support of a challenge to a Second Circuit decision which upheld an illegal search and seizure of firearms in his home by police after Petitioner was taken for a mental health examination. The police now assert that the “special needs exception” to the Fourth Amendment permitted the search and seizure.

Our brief urges the Supreme Court to grant Read More

Missouri v. Biden — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, Health Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for certiorari filed by Missouri and nine other states challenging the CMS vaccine mandate for workers healthcare at certain facilities. Our brief argued that the vaccine mandate is not permitted under either the Spending Clause or the Commerce Clause. Our brief also argued that the vaccine mandate impermissible commandeers state employees Read More

303 Creative v. Elenis — Merits Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief on the merits in 303 Creative. We previously filed an amicus brief in support of the petition for certiorari. Our amicus brief argued that the Colorado Anti-Discrimination Act empowers militant, homosexual activists to use the legal system to attack and destroy Christian business owners. Read More

Yukutake v. Hawaii — Amicus Brief

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

Today, our firm filed an amicus brief in the Ninth Circuit Court of Appeals to help defend a decision of the district court of Hawaii striking down two state restrictions on firearms purchase. Hawaii law requires that even after obtaining a permit to purchase a specific handgun, the permit expired after 10 days, and then the firearm must be physically carried to a police station for inspection. Read More

Heltzel v. Youngkin — Amicus brief supporting petition for certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

In Heltzel, a group of plaintiffs are challenging the removal by former Governor Ralph Northam of the Robert E. Lee Monument, which had stood in Richmond for 120 years. The Heltzel plaintiffs are now seeking U.S. Supreme Court review of a decision of the Virginia Supreme Court which sanctioned that removal. Today, our firm filed the only amicus brief in support of the Lee Monument and against Read More

Jewel v. NSA — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

In Jewel, a group of plaintiffs are seeking a federal injunction against the widespread, warrantless surveillance of communications involving Americans by the National Security Agency (NSA). The case has been litigated for over a decade, most recently with the Ninth Circuit denying relief in a dismissive, one-page opinion. The Jewel plaintiffs are now seeking U.S. Supreme Court intervention to 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

McCoy v. University of Virginia Health System — Supplemental Memorandum

Jeremiah Morgan Circuit Court for the City of Charlottesville, Constitutional Law, Health Law, Litigation

Today, we filed a Supplemental Memorandum Regarding Governor Youngkin’s Executive Directive No. 2. The Supplemental Memorandum is in support of the Memorandum in Support of Injunctive Relief for Kaycee McCoy regarding the University of Virginia Health System’s COVID-19 vaccine mandate.

Link to Supplemental Memorandum

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