Hawaii v. Trump

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

Today, we filed our seventh amicus brief in support of President Trump’s immigration actions, this time, in support of his September 24, 2017 Proclamation.  Our brief challenged the purported standing of the plaintiffs below, where the district court based standing on the Establishment Clause, but then granted the injunction based on statutory grounds.  Our brief argued that the question Read More

Price v. Chicago

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

Today we filed an amicus brief in the Seventh Circuit in a case challenging the City of Chicago’s buffer zone ordinance, which was designed to prevent pro-life sidewalk counselors from speaking to pregnant women at the last opportunity before they enter an abortion clinic. Our brief argued that the case should be decided as any other First Amendment case — and the First Amendment rules should not be bent because this case involves an abortion clinic. We discuss how the courts have allowed a separate abortion rights jurisprudence to have precedence over legal principles of general applicability. We also explain that the Chicago ordinance violates the often ignored First Amendment “right of the people peaceably to assemble.”

Link to brief

Zarda v. Altitude Express

admin Statutory Construction, U. S. Court of Appeals, Second Circuit

Today, we filed an amicus brief in the U.S. Court of Appeals for the Second Circuit sitting en banc, where we are opposing efforts by radical homosexuals to convince liberal judges in New York to re-write the Civil Rights Act of 1964 to prohibit discrimination against homosexuals in employment.

Currently, the 1964 federal law bars discrimination in employment on the basis of “sex” and “race.”  Read More

United States v. Zodhiates

admin Constitutional Law, U. S. Court of Appeals, Second Circuit

Today we filed a brief in the Second Circuit challenging the Government’s use of cell phone location information obtained from a cell phone provider in response to a grand jury subpoena.  We explain that under the Jones and Jardines textual/historic analysis that the cell phone user has a protected privacy interest in these records.

Accordingly, under the Fourth Amendment, the Government must Read More

EEOC v. Harris Funeral Home

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

Today we filed a brief in the Sixth Circuit supporting a Christian Funeral Home in a suit by the EEOC on behalf of a man employed by that funeral home who would like to dress in women’s clothing for one year as he “transitions.”   The EEOC made the naked assertion that the claim for this employee was supported by the text of Title VII of the Civil Rights Act of 1964, but failed Read More

G.G. v. Gloucester County School Board

admin Statutory Construction, U. S. Court of Appeals, Fourth Circuit

Today we filed our third amicus brief defending the Gloucester County School Board against an ACLU challenge on behalf of a girl who would like to be a boy.  The prior litigation involved the Obama Administration’s directives to the School Board to open the boys room and boys locker and shower facilities to Gavin Grimm.  However, President Trump rescinded those guidance letters.  Therefore, Read More

Hawaii v. Trump

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

Today, our firm filed its fourth brief in support of President Trump’s effort to impose immigration controls.  This brief supported President Trump’s second Executive Order issued on March 6, 2017 — to secure our borders against entry by those coming from select countries where their background cannot be checked.

Our first two briefs were filed in the Washington State challenge, in the Read More

IRAP v. Trump

admin Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today, our firm filed its third brief in support of President Trump’s effort to impose immigration controls.  Our brief supported President Trump’s effort to secure our borders against entry by those coming from select countries where their background cannot be checked.  This brief was filed in the Fourth Circuit — with respect to the second Trump Executive Order issued on March Read More

Hamilton v. Pallozzi

admin Firearms Law, U. S. Court of Appeals, Fourth Circuit

Today, we filed our second amicus brief in this case, in support of a petition for rehearing en banc in the U.S. Court of Appeals for the Fourth Circuit.  We urged the Fourth Circuit to rehear the case, because the panel decision ignored the requirements of the U.S. Constitution’s Full Faith and Credit clause.  The issue involved a Maryland resident’s right to purchase and Read More

Washington v. Trump

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

Today we filed a brief in support of rehearing by the Ninth Circuit en banc, of the Ninth Circuit’s motions panel denial of the Trump Administration’s motion for a stay of the Temporary Restraining Order issued by a federal district judge in Washington State enjoining operation of the President’s Executive Order on immigration and refugees.

We previously filed another brief in this Read More

State of Washington v. Donald J. Trump

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

Today we filed an amicus brief in the Ninth Circuit in support of a motion to stay a Temporary Restraining Order issued by the U.S. District Court for the Western District of Washington, which prohibited enforcement of several sections of President Trump’s recent Executive Order temporarily suspending entry of certain immigrants and refugees into the United States.

Link to brief

 

Americans for Prosperity Foundation v. Xavier Becerra

admin Constitutional Law, Nonprofit Law, U. S. Court of Appeals, Ninth Circuit

Today we filed a brief for the Free Speech Coalition and a large number of nonprofit orgainzations opposing efforts by the Attorney General of California to compel the disclosure by nonprofit organizations soliciting funds in that state of the names of their largest donors.

The issue in the case involves conditioning the ability to fundraise in California on disclosing confidential information to Read More

Citizens United v. Schneiderman

admin Constitutional Law, Nonprofit Law, U. S. Court of Appeals, Second Circuit

Today we filed an amicus brief in the U.S. Court of Appeals for the Second Circuit opposing efforts by the Attorney General of New York from implementing new procedures requiring every nonprofit organization which solicits funds in that state to provide him with the names, addresses, and donation amounts of the organization’s largest donors.  Although the Attorney General of New York insists Read More

Lund v. Rowan County

admin Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today we filed a brief in support of the practice by the Rowan County Board of Commissioners to begin sessions with prayer. Predictably, the plaintiffs are deeply offended to hear the name of God mentioned, but their subjective feelings does not cause the public prayer by government officials to be transformed into a prohibited “establishment” of religion.

Link to brief

Grace v. District of Columbia

admin Firearms Law, U. S. Court of Appeals, District of Columbia Circuit

Today, we filed a brief in the U.S. Court of Appeals for the District of Columbia in support of a challenge to the D.C. Concealed Carry statute which was brought by Matthew Grace and others.  Our brief argues that the District of Columbia Council based its argument on the notion of hidden exceptions to the Bill of Rights, and a flawed understanding of the difference between the restricted nature Read More

Wrenn v. District of Columbia

admin Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit, in support of a challenge to the District of Columbia’s requirement that a person must demonstrate a “good reason” in order to obtain a permit to carry a concealed weapon.  Our brief noted that before Heller, the federal courts perpetuated the charade that the right of “the People” Read More

Grimm v. Gloucester County School Board

admin Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit, opposing attempts by a girl with feelings of gender “dysphoria” to use Title IX to gain access to the boy’s bathrooms at her school.  Our brief argued that one’s sex is a scientific constant, and determined by the Creator.  Allowing a person’s feelings at any given Read More

Hamilton v. Pallozzi

admin Firearms Law, U. S. Court of Appeals, Fourth Circuit

Today our firm filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit supporting the right of a Maryland resident to purchase and possess firearms despite a prior conviction. Hamilton had been convicted of a non-violent felony in Virginia and served his sentence. Later, Virginia restored his civil rights, and then a Virginia Court specifically restored his firearms rights.

Now Read More

Wikimedia Foundation v. National Security Agency

admin Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today,we filed our third brief opposing NSA’s program of “Upstream” Internet surveillance of Americans.  Our brief urges the Fourth Circuit to reverse the decision of the District Court in Maryland which found that neither Wikimedia Foundation — which runs Wikipedia — nor the other plaintiffs in the case, had standing to challenge that surveillance.

Link to brief

United States v. Graham

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

Today our firm filed a brief supporting a Fourth Amendment challenge to the warrantless use of cell site location information.

The brief was filed on behalf of DownsizeDC.org, Downsize DC Foundation, United States Justice Foundation, Gun Owners of America, Inc., Gun Owners Foundation, Conservative Legal Defense and Education Fund, and Institute on the Constitution.

Link to brief

Americans for Prosperity Foundation v. Harris
Thomas More Law Center v. Harris

admin Nonprofit Law, U. S. Court of Appeals, Ninth Circuit

Today we filed a brief in the Ninth Circuit for the Free Speech Defense and Education Fund, the Free Speech Coalition and other nonprofits attacking a new interpretation of law by the the California Attorney General.  Under this new interpretation, as a per-condition to soliciting contributions in California, each charity must provide provide the Attorney General with its IRS Form 990 Schedule Read More