Parents Protecting Our Children v. Eau Claire Area School District, Wisconsin — Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for certiorari filed by a coalition of parents of schoolchildren in Eau Claire, Wisconsin. The parents are challenging a policy of the school district to assist children with sexual transitioning without telling the parents of those children. The lower courts dismissed the claims, concluding that the parents did not have standing to Read More

Lake v. Fontes — Amicus Brief for Maricopa County GOP

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

Today, our firm filed an amicus brief in support of the petition for writ of certiorari filed by Kari Lake and Mark Finchem to challenge election procedures used in Arizona in 2022. Our brief was filed for the Maricopa County Republican Committee, 10 other county GOP committees, the Nebraska and New Mexico State Republican Parties, and CLDEF. Our brief discussed how the courts have repeatedly found Read More

Lake v. Fontes — Amicus Brief Supporting Petition for Certiorari

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

Today, our firm filed an amicus brief in support of a petition for writ of certiorari filed by Kari Lake, former candidate for governor of Arizona and current candidate for U.S. Senate. Lake filed suit against Arizona to require that it follow Arizona law to ensure the integrity of elections when using electronic voting machines. Our amicus brief supported the standing of Lake to bring the challenge, Read More

Fischer v. United States — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for certiorari filed by a January 6 defendant. Our brief argued that, since the government claimed the election protest on January 6 was an insurrection, it should have charged many defendants with that crime, but instead it charged no one with insurrection, preferring use of a Sarbanes-Oxley provision (which does not apply) to get a Read More

O’Handley v. Weber — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for certiorari in a challenge to California’s efforts to coerce social media companies to censor a user on Twitter. The petitioner had a tweet deleted and then his account suspended by Twitter, at the direction of California and its Office of Elections Cybersecurity. Our brief disputed California’s censorship of “false Read More

Guedes v. ATF — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Administrative Law, Firearms Law, Statutory Construction, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for certiorari challenging the ATF’s reclassification of bumpstocks as machineguns. Our amicus brief explained that the bumpstock ban was a reversal of position for the ATF, and was not based on new analysis, but rather at the direction of the President. Furthermore, the D.C. Circuit’s opinion below was based on marketing Read More

Blankenship v. NBCUniversal — Amicus supporting petition for certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for certiorari requesting that the Supreme Court reconsider New York Times v. Sullivan and its progeny. Our brief explained how Justice Brennan’s opinion in that case radically changed libel law by immunizing most libel against public figures. Brennan’s opinion was based neither on the First Amendment text nor a Read More

NRA v. Vullo — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of NRA’s Petition for Certiorari challenging New York’s Department of Financial Services (DFS) threats to banks and insurance companies doing business with the NRA because it is pro-gun. Our amicus brief explained that the Second Circuit, ruling in favor of New York, relied on a “reputational risk” justification that was once Read More

Tingley v. Ferguson — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a challenge against Washington State’s ban on licensed counselors from providing biblical counsel on sexual morality to young people. Our brief argued that the state’s censorship law violates the First Amendment’s free speech clause and the free exercise of religion clause. We explained how the Washington Legislature, district 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

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

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

303 Creative v. Elenis

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

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 Read More

Young v. Hawaii

admin Constitutional Law, Firearms Law, U. S. Supreme Court

We filed our second brief in the Young v. Hawaii challenge to Hawaii’s virtual total ban on carrying firearms in the State of Hawaii. Our earlier brief was filed before the Ninth Circuit en banc. This brief was filed in the U.S .Supreme court in support of Young’s Petition for Certiorari. We urge the Court to overturn the two-step test used in many Second Amendment challenges. We also challenge the “longstanding” ban in Hawaii, most of which occurred during the time Hawaii was governed by a Monarchy. We demonstrate why certiorari should be granted even though New York State Rifle & Pistol Association v. Corlett is pending before the court. And we trace the numerous criticisms by Justices and Judges as to how the lower courts have treated the Second Amendment since Heller and McDonald.

Link to brief

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

Mai v. United States

admin Constitutional Law, Firearms Law, U. S. Supreme Court

Today our firm filed an amicus brief urging the Supreme Court to review a Ninth Circuit decision which allowed a ban on gun possession by a man who had suffered a mental health crisis as a minor, but who had since then been found by the State of Washington not to be a danger to himself or to others.  Nevertheless, as the Ninth Circuit has done in every Second Amendment challenge brought before Read More

Republican Party of Pennsylvania v. Boockvar

admin Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief in support of a petition for certiorari filed by the Republican Party of Pennsylvania seeking to challenge the decision of the Pennsylvania Supreme Court changing Pennsylvania election law at the last minute before the November elections.  We explained that the Pennsylvania Supreme Court usurped the authority of the Pennsylvania state legislature to make these decisions with respect to federal elections, subject only to Congressional action.  We urge the Supreme Court to take the case to invalidate any ballots received after election day.

Link to brief

Amicus Brief: Trump v. New York

admin Constitutional Law, Statutory Construction, U. S. Supreme Court

Today our firm filed the only amicus brief (at least thus far) in the U.S. Supreme Court case of Trump v. New York, supporting President Trump’s Memorandum instructing the Secretary of Commerce to provide him with data necessary to reapportion the House of Representatives among the states without counting illegal aliens. The brief was filed for Citizens United, Citizens United Foundation, Read More

Rodriguez v. City of San Jose

admin Constitutional Law, Firearms Law, U. S. Supreme Court

Today our firm filed an amicus brief urging the U.S. Supreme Court to review an inexplicable Ninth Circuit decision upholding an illegal search and seizure of firearms by the San Jose Police after her husband had a mental health crisis. Seven years after that seizure, the City of San Jose, California is still refusing to return her firearms to her. Even though Lori Rodriguez is not a disqualified person, more than seven years later, she is still fighting a court battle to recover those firearms, a battle which is now before the U.S. Supreme Court.

Link to brief

National Association for Gun Rights v. Mangan

admin Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court supporting a petition for certiorari designed to challenge a 2015 Montana State election law.  The law regulated “electioneering communications” — borrowing a term which Congress had employed in the Bipartisan Campaign Reform Act of 2002 to require reporting of a narrow category of broadcast advertisements Read More