Census 2000 Fight Continues — Petition for Certiorari filed

Michael Harless Constitutional Law, U. S. Supreme Court

On Tuesday, January 8, 2002, a petition for writ of certiorari was filed in the United States Supreme Court on behalf of Edgar Morales and four other residents of Texas seeking review of the constitutionality of Census 2000.  At issue is whether Congress has the power to require, under penalty of law, that the American people answer questions on race, employment, housing and other subjects invading Read More

Watchtower Bible and Tract Society v. Village of Stratton

Michael Harless Constitutional Law, U. S. Supreme Court

On October 15, 2001, the United States Supreme Court granted a petition for certiorari to review whether the First Amendment guarantee of anonymous speech barred the Village of Stratton, Ohio, from enforcing a permit system which required “canvassers, solicitors, peddlars [or] hawkers” to identify themselves before going from door to door of private residences for the “purpose of advertising, Read More

President Bush Declares Another State of Emergency

Michael Harless Constitutional Law

President Bush issued a new executive order declaring another state of national emergency and invoking certain additional standby powers. President Bush relies on actions of the United Nations as a principal source of his authority to defend the United States. This curious practice perpetuates the approach taken by President Clinton.

Link to executive order

Michael New v. United States — Petition for Certiorari

Michael Harless Constitutional Law, U. S. Supreme Court

On Monday, September 10, 2001, nearly six years after he refused to put on the United Nations uniform and to submit to the command and control of a foreign military officer, Michael New has taken his fight for justice to the United States Supreme Court.

At the heart of his appeal is New’s right to his day in court. In a petition for writ of certiorari, New is asking the High Court to overrule Read More

J. Barrett Hyman, M.D. v. The City of Louisville, et al.

Michael Harless Constitutional Law, U. S. Court of Appeals, Sixth Circuit

The City of Louisville and Jefferson County, Kentucky, enacted ordinances to prohibit discrimination based on “sexual orientation” and “gender identity.” J. Barrett Hyman, M.D. held Biblical and constitutional objections to complying with these ordinances in his practice of obstetrics and gynecology, and his suit to have them declared unlawful was dismissed by the trial court. Read More

Comments Filed for Free Speech Coalition Regarding IRS Regulation of Excess Benefit Transactions

Michael Harless Nonprofit Law

Our firm filed comments on behalf of the Free Speech Coalition, Inc. with the Internal Revenue Service regarding IRS temporary regulations relating to excise taxes on excess benefit transactions under section 4958 of the Internal Revenue Code. These comments were discussed on the front page of the April 30, 2001 issue of EOTR (Exempt Organization Tax Review) Weekly

Link to comments

Browner, et al. v. American Trucking Associations, et al.

Michael Harless Constitutional Law, U. S. Supreme Court

Our firm filed an amicus curiae brief in this case, which comes on a petition for a writ of certiorari to the U.S. Court of Appeals for the District of Columbia, where a bare majority ruled that Section 109 of the clean air act violated Article I, Section 1, of the United States Constitution which vests legislative power in Congress. The case generated a number of opinions, the majority Read More

State of North Dakota v. Family Life Services, Inc., et al. (Opinion)

Michael Harless Constitutional Law, North Dakota Supreme Court

Today, the Supreme Court of North Dakota unanimously reversed a Cass County District Court order that would have dismantled and reconstituted the board of directors of Family Life Services, a Christian pro-life ministry in the Fargo-Morehead community. North Dakota’s high court ruled that the lower court’s order turning Family Life Services over to persons whose religious views met with Read More

ATA v. Giani

Michael Harless Nonprofit Law, U. S. Supreme Court

Our firm filed the brief of Free Speech Defense and Education Fund as amici curiae in support of petitioner in American Target Advertising, Inc. v. Francine A. Giani, Division Director, Utah Division of Consumer Protection in the United States Supreme Court. The brief argues that Utah’s Charitable Solicitations Act is unconstitutional. The Free Speech Defense and Education Fund was joined Read More

State of North Dakota v. Family Life Services, Inc., et al.

Michael Harless Nonprofit Law, North Dakota Supreme Court

Our firm was retained as appellate counsel for a nonprofit, pro-life organization under attack by the Attorney General of North Dakota.

This brief explains the circumstances of the case, as well as the statutory and constitutional issues involved in overreaching by the Attorney General and the North Dakota trial court.

Link to brief

Chenoweth, et al. v. Clinton, et al.

Michael Harless Constitutional Law, U. S. Supreme Court

Today we filed an amicus curiae brief in the U.S. Supreme Court on behalf of eight members of Congress (Hon. John T. Doolittle, Hon. George Radanovich, Hon. Tom Tancredo, Hon. Bob Stump, Hon. Barbara Cubin, Hon. Tom A. Coburn, Hon. Wally Herger, and Hon. John E. Perterson) and four nonprofit organizations (Lincoln Institute for Research and Education, Gun Owners Foundation, Citizens United Read More

John Hay Hooker v. FEC

Michael Harless Election Law, Litigation, U. S. District Court, Middle District of Tennessee

Our firm represented Presidential candidate Howard Phillips and The Constitution Party, who were named defendants in the case of Hooker v. FEC.   On December 15, 1999, we filed a Motion to Dismiss and Memorandum of Points and Authorities in support thereof, in the case in the U.S. District Court for the Middle District of Tennessee, which was granted on April 12, 2000.  John Jay Hooker Read More

Boy Scout Brief (on Petition for Writ of Certiorari)

Michael Harless Constitutional Law, U. S. Supreme Court

The Olson law firm filed an amicus curiae brief with the U.S. Supreme Court on behalf of Public Advocate of the United States and the Lincoln Institute for Research and Education defending the right of the Boy Scouts to determine their own leadership.

This brief urges that the U.S. Supreme Court grant certiorari and review the decision of the New Jersey Supreme Court which compels the Boy Scouts Read More

Free Speech Coalition Comments to FEC on Membership

Michael Harless Administrative Law, Election Law

On behalf of the Free Speech Coalition, we filed comments with the Federal Election Commission supporting the proposed changes to revise the definition of a “member” of a membership organization, so long as the changes set forth in FSC’s comments are incorporated into the adopted regulations.  The first change is that membership organizations be permitted to waive the dues criterion Read More