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
Feds for Medical Freedom v. Biden — Amicus brief on Rehearing En Banc
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
Duncan v. Bonta — Supplemental Amicus Brief on Remand
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
Stickley v. Winchester — Supplemental Brief
Today, we filed a Supplemental Memorandum in Support of Plaintiffs’ Motion for Temporary Injunction, responding to the court’s request for an update in light of the Supreme Court’s decision in NYSPRA v. Bruen.
Torcivia v. Suffolk County — Amicus Supporting Petition for Certiorari
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
Missouri v. Biden — Amicus Supporting Petition for Certiorari
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
303 Creative v. Elenis — Merits Amicus Brief
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.
Stickley v. Winchester — Reply to Opposition to Motion for Temporary Injunction
Today, together with Gilbert Ambler of the Ambler Law Offices, LLC (Winchester, VA) and David Browne of Spiro & Browne, LLC (Richmond, VA), we filed a Reply to the City of Winchester’s opposition to Plaintiffs’ Motion for a Temporary Injunction.
Yukutake v. Hawaii — Amicus Brief
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.
Heltzel v. Youngkin — Amicus brief supporting petition for certiorari
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
Jewel v. NSA — Amicus Supporting Petition for Certiorari
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
Texas v. United States — DACA appeal
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
McCoy v. University of Virginia Health System — Supplemental Memorandum
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.
Lindell v. Pelosi — Complaint
We are serving as co-counsel to Mike Lindell in a challenge to a subpoena issued by the January 6 House Select Committee for his phone records, where a complaint was filed today in the U.S. District Court for the District of Minnesota.
Coral Ridge Ministries v. Southern Poverty Law Center — Amicus Brief
Today, our firm file an amicus brief in support of a petition for certiorari filed by Coral Ridge Ministries. In the courts below (where we filed an amicus brief), Coral Ridge’s defamation complaint against SPLC was dismissed under the Supreme Court’s decision
NFIB v. OSHA — Amicus Supporting Stay of Vaccine Mandate
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
Kaycee McCoy v. University of Virginia Health System — Reply Memorandum in Support of Injunctive Relief
Today, we filed a Reply Memorandum in Support of Injunctive Relief for Kaycee McCoy (see memorandum in support of injunctive relief here).
Kaycee McCoy v. University of Virginia Health System — Memorandum in Support of Injunction
Today, we filed a Memorandum in Support of Injunctive Relief for Kaycee McCoy (see complaint here). After a hearing on the request for a temporary injunction, the Circuit Court requested additional briefing on the temporary injunction factors.
The Memorandum argued that the freedom of religion recognized in Article I, Section 16 of the Virginia Constitution creates a jurisdictional barrier to the
Kaycee McCoy v. University of Virginia Health System — Complaint filed
Today, we filed a Complaint against the Rectors and Visitors of the University of Virginia and the University of Virginia Health System on behalf of a university employee who was refused her religious exemption to the University’s COVID-19 vaccine mandate and was notified that she would be terminated. The Complaint as well as the accompanying Application for a Temporary Injunction claim that
303 Creative v. Elenis
Today, our firm filed an amicus curiae brief in support of a Petition for Certiorari filed by small business owner who provides website design services. She would like to begin offering custom wedding websites, but the Colorado Anti-Discrimination Act (the same law used against Jack Phillips and Masterpiece
Jewel v. NSA — Amicus Supporting Rehearing En Banc
Today, our firm filed its third amicus brief in the Jewel litigation, this time in support of a Petition for Rehearing En Banc before the Ninth Circuit. A panel of the Ninth Circuit once again ruled in support of the federal government, holding that the Jewel plaintiffs had failed to set forth sufficient evidence to establish standing and also affirming the district court’s exclusion of such
FBI v. Fazaga — FISA & State Secrets Privilege
Today our firm filed an amicus brief in support of certain Muslims in Los Angeles who were surveilled electronically and otherwise by the FBI and a confidential informant. The FBI has asserted the state secrets doctrine to seek dismissal of most claims, including a FISA claim under which the district court could conduct an ex parte in camera review of the surveillance to determine if there were
Roberts/GOA v. ATF
Today, as ordered by the Sixth Circuit, we filed a Supplemental Brief on the issue of Standing in our challenge to ATF’s revocation of the rights of licensed Michigan gun owners to purchase firearms without a NICS check.
Dobbs v. Jackson Women’s Health Org. — CLDEF Amicus Brief
Today we filed a brief for CLDEF in support of the effort by Mississippi to overturn the Supreme Court’s decision in Roe v. Wade (1973) and in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992). We argued that Supreme Court abortion jurisprudence in no way was based on the Fourteenth Amendment’s Due Process Clause, but rather the personal preferences of the justices. Our brief exposed three major flaws in Roe: 1. Roe relied on misrepresentations about how common law viewed abortion; 2. Roe made flawed assumptions understating the maternal risk from abortion; and 3. Roe erroneously assumed state anti-abortion laws were not written to defend the life of the preborn. Lastly, we urged the Court to end its historical embrace of eugenics.