Louisiana v. Dept. of Education — Amicus Brief

ddavies Constitutional Law, U. S. Court of Appeals, Fifth Circuit

Today, we filed an Amicus brief in the Fifth Circuit supporting a challenge brought by Louisiana, Mississippi, Montana and Idaho to the U.S. Department of Education’s April 29, 2024 Final Rule.  That Rule expanded the meaning of the Title IX ban on discrimination “on the basis of sex” to include discrimination on the basis of “sex stereotypes, sex characteristics, sexual orientation, and gender identity.”   Our brief argued that the Rule destroys personal privacy for women and girls; destroys women’s and girls’ sports; and censors the free speech rights of teachers and students.  We argue that the Supreme Court’s Bostock decision should neither control nor inform a decision in this case.  Finally, we point out that the DOE Rule presupposes that biological sex is not an immutable reality, but rather a social construct, changeable at will. Link to brief Link to prior Title IX amicus brief, Tennessee v. Cardona

Kennedy v. Biden — Amicus Brief

ddavies Constitutional Law, U. S. Court of Appeals, Fifth Circuit

Today’s amicus brief was filed in the 5th Circuit supporting Robert F. Kennedy, Jr. and Children’s Health Defense in their fight against the Government’s Censorship Enterprise.  The Government interprets the Supreme Court’s recent Murthy v. Missouri decision to make it impossible for Americans whose voices have been secretly throttled or even extinguished by the Government to get their day in court.  We explain why the Kennedy Plaintiffs have standing under Murthy.  Government promises to behave cannot be trusted.  Future offenses can be expected that should be enjoined, as the same FBI which censored stories about the Hunter Biden laptop to elect Biden-Harris can be expected to do so again to try to elect Harris-Waltz.   We call out how the Government’s ongoing censorship, backed by threats, of social media platforms, which they euphemistically described as “content moderation.” Link to brief For a discussion of this case, see Law Matters, Episode 7

United States v. Idaho — Amicus Brief

ddavies Constitutional Law, U. S. Court of Appeals, Ninth Circuit

Today, we filed an Amicus brief to oppose the Biden Administrations effort to use the Emergency Medical Treatment and Active Labor Act (EMTALA)  to undermine Idaho’s “Defense of Life Act.”   We argue that the Biden Administration has been exceedingly hostile to the Supreme Court’s Dobbs decision and is working to circumvent it.  The HHS Secretary had no statutory authority to issue the guidance documents to require elective abortions to be performed.  We argue that the guidance documents constitute an unconstitutional usurpation of the states’ police power and exceeds federal spending power. Link to brief

Doe v. Ladapo — Amicus Brief

ddavies Constitutional Law, U. S. Court of Appeals, Eleventh Circuit

The district court invalidated a Florida statute designed to protect minors from the current fad of transgenderism, for violation of the Equal Protection Clause. Our amicus brief rejected the district court’s assumption that a law based on transgender status was equivalent to racism.   We also showed that the district court erroneously relied on medical “standards” recommended by an Read More

Tennessee v. Cardona — Amicus Brief

ddavies Constitutional Law, U. S. Court of Appeals, Sixth Circuit

On April 29, 2024, the U.S. Department of Education issued a Final Rule which directed that under Title IX, discrimination ” on the basis of sex” includes discrimination on the basis of “sex stereotypes, sex characteristics, sexual orientation, and gender identity.”   Our brief argued that the DOE Rule does not implement, but rather undermines Title IX.  The Rule destroys Read More

U.S. v. Daniels — Amicus brief on remand

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

Today, our firm filed a second brief in a case challenging the constitutionality of 18 U.S.C. § 922(g)(3), this time on remand from the Supreme Court after it issued its decision in United States v. Rahimi. Our brief argued that Rahimi did not change the Bruen test that the Fifth Circuit had previously applied, and thus Rahimi would not change the outcome previously reached by the Fifth Circuit.

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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

Fouts v. Bonta — 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 in support of a challenge to California’s ban on billy clubs. Applying Bruen, our brief explained that billy clubs are protected by the plain text of the Second Amendment. Even if historical analogues were review, California failed to provide any relevant precedent for its ban on sticks.

Link to brief

Lake v. Hobbs — Amicus Brief in support of motion to recall mandate

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

Today, we filed an amicus brief in the Ninth Circuit in support of Arizona candidates Kari Lake and Mark Finchem’s motion to recall the mandate for fraud on the court. Our amicus brief discussed the key role the judiciary plays in protecting free and fair elections. When an elected official in charge of supervising elections is then a candidate in another election, the courts must take a particularly Read More

Nguyen v. Bonta — Amicus Brief

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

Today, our firm filed an amicus brief in an appeal in the Ninth Circuit, supporting a challenge to California’s law limiting firearm purchases to one per month. Our brief demonstrated that California’s law violates the Second Amendment by applying Bruen’s text and history test. The acquisition of firearms is clearly protected by the plain text of the Second Amendment, and the California Read More

Baird v. Bonta — Amicus Brief

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

Today, our firm filed an amicus brief in a challenge to California’s near-complete ban on open carry of firearms. Our brief exposed how the district court rewrote the issues of the case so that it could reach its own predetermined decision, criticized and then rejected the Supreme Court’s decision in Heller and Bruen, and upheld yet another California law violating Read More

U.S. v. Texas — Amicus Brief

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

Today, our firm filed an amicus brief in support of Texas’ SB4, which allows law enforcement to arrest individuals suspected of unlawfully being in the United States and Texas. The Biden Administration filed suit against Texas seeking to have SB4 enjoined. Our amicus brief argued that Texas has the authority under Article I, Section 10, Clause 3 and as a sovereign entity to defend itself and Read More