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TSCL & CMF Comments on FDA Draft Guidance on Homeopathic Products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

Lynchburg Range & Training v. Northam (Lynchburg Circuit Court, after remand from federal district court)

admin Circuit Court for the City of Lynchburg, Virginia, Constitutional Law, Firearms Law, Health Law

After remand of our case to Lynchburg Circuit Court, we filed a number of documents in state court on April 23, 2020, and on April 27, 2020, Judge Yeatts issued an injunction against Governor Northam, with an opinion letter.

Link to  Plaintiffs’ Read More

Lynchburg Range & Training v. Northam (Circuit Court Litigation)

admin Circuit Court for the City of Lynchburg, Virginia, Firearms Law, Health Law, Litigation

Today our firm filed a complaint in Lynchburg (Virginia) Circuit Court to enjoin the provision Governor Northam’s Executive Order 53 which closed “indoor shooting ranges.”

Link to Complaint
Link to Exhibits
Link to Proposed Injunction Order
Link to Mitch Tyler Affidavit
Link to Philip Van Cleave Affidavit
Link to Erich Pratt Affidavit

State of Texas v. United States

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

Today our firm filed our ninth amicus brief opposing Obamacare.  This briefs supports challenge to Obamacare brought by the State of Texas and other states based on the fact it is unconstitutional since the penalty for the individual mandate was zeroed out by Congress in December 2017.  Earlier, we filed the only amicus brief supporting the Texas challenge in district court in Texas.  This brief Read More

Comments filed with the FDA regarding its restrictions on use of the word “healthy”

Michael Harless Administrative Law, Health Law

Today, our firm filed comments with the FDA in response to the agency’s request for input regarding its regulation of the term “healthy” in the labeling of food.  In recent years, FDA’s current regulatory scheme has led to absurd results, such as where avocados and almonds were not considered healthy, while Poptarts and Frosted Flakes were.  Now FDA purports to replace its bad regulations Read More

Comments filed with FDA regarding new “Draft Guidance” about Dietary Supplements

Michael Harless Administrative Law, Health Law

Today, our firm filed comments with the Food and Drug Administration (“FDA”), criticizing various parts of the FDA’s new “Draft Guidance” with respect to dietary supplements.

First, we noted that while federal law requires that manufacturers dietary supplements give “notice” to the FDA before they introduce a “new dietary ingredient” into the marketplace. The FDA, however, has adopted Read More

Comments to FDA on Regulatory Status of Vinpocetine

Michael Harless Administrative Law, Health Law

Today our firm filed comments with the FDA in response to a request for comment on its “tentative conclusion” that the ingredient vinpocetine does not meet the definition of a “dietary supplement.” Our comments explained that vinpocetine fits within the definition of “dietary supplement” as a “constituent of a botanical.” Then we analyzed the four Read More

Comments filed with FDA to Defend Compounding Pharmacists

Michael Harless Administrative Law, Health Law

An FDA Advisory Committee is considering imposing new and unnecessary limitations on what Compounding Pharmacists may use to create products that are needed by many people, especially seniors.  Remarkably, the FDA Advisory Committee is reported to have only one member who has experience with Compounding.  We filed comments for The Senior Citizens League and the Center for Medical Freedom with Read More

Book: ‘Defining Drugs: How Government Became the Arbiter of Pharmaceutical Fact”

Michael Harless Administrative Law, Health Law, Publications

Bill Olson was honored to write the Foreword for the re-issuance of what may prove to be the most important book ever written questioning the authority of the federal government over the sale and use of pharmaceuticals.  Professor of Pharmacy Richard Henry Parrish II originally wrote his book, “Defining Drugs:  How Government Became the Arbiter of Pharmaceutical Fact” in 2003. Now Read More

Article: “More Government than America Needs or Wants”

Michael Harless Health Law, Publications

Homeopathy 4 Everyone (“World’s No. 1 Homeopathy Medical Journal”) published our article explaining the latest chapter in the FDA and FTC’s war against homeopathic medicine. The article was written by Bill Olson and Jeremiah Morgan.

This article was reprinted in the following publications:

https://hpathy.com/homeopathy-papers/more-government-than-america-needs-or-wants/

Read More

King v. Burwell (Obamacare, Round III) — Amicus Brief

Michael Harless Constitutional Law, Health Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in opposition the Obamacare healthcare “exchanges” created by the federal government contrary to the plain language of the statute.

The Affordable Care Act (“ACA”) authorized tax credits only for taxpayers who purchase qualified health insurance through an “Exchange” which was established by a state. Read More

Dept. of Health and Human Services, et al. v. State of Florida, et al. (Obamacare), Amicus Brief for Virginia Delegate Bob Marshall et al. in the U.S. Supreme Court

Michael Harless Health Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Dept. of Health and Human Services, et al. v. State of Florida, et al.(Obamacare) in the United States Supreme Court in support of respondents (minimum coverage provision). The brief asked the Court to overturn two of its most extreme, and controversial, Commerce Clause holdings:

“The Government believes that this law is fully justified under Read More

Virginia v. Sebelius, Amicus Brief for Virginia Delegate Bob Marshall et al. in the U.S. Supreme Court

Michael Harless Constitutional Law, Health Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Virginia v. Kathleen Sebelius in the United States Supreme Court in support of petitioner. This petition presents to the Supreme Court a clash between a federal law mandating the individual purchase of its approved healthcare insurance — the Patient Protection and Affordable Care Act (“PPACA”) — and a state law securing Read More

Daniel Chapter One v. Federal Trade Commission, Amicus Brief in the U.S. Supreme Court

Michael Harless Health Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Daniel Chapter One, et al. v. Federal Trade Commission in the United States Supreme Court in support of petitioners’ petition for writ of certiorari. Our amicus brief was filed on behalf of U.S. Justice Foundation (www.usjf.net) and Conservative Legal Defense and Education Fund (www.cldef.org).

Our brief argues that the Court of Appeals erroneously Read More

Virginia v. Sebelius, Amicus Brief for Virginia Delegate Bob Marshall et al. U.S. Court of Appeals for the Fourth Circuit

Michael Harless Health Law, U. S. Court of Appeals, Fourth Circuit

Today our firm filed an amicus brief in the case of Commonwealth of Virginia v. Kathleen Sebelius in the United States Court of Appeals for the Fourth Circuit on behalf of Virginia Delegate Bob Marshall, Gun Owners of America, Inc., Gun Owners Foundation, American Life League, Inc., Institute on the Constitution, the Lincoln Institute for Research and Education, Public Advocate of Read More