Antonyuk v. Hochul — Temporary Restraining Order

Jeremiah Morgan Constitutional Law, Firearms Law, Litigation, U.S. District Court, Northern District of New York

This morning, the U.S. District Court for the Northern District of New York issued a Temporary Restraining Order. The court temporarily restrained New York from enforcing certain provisions of its new Concealed Carry Improvement Act pending a decision on the motion for preliminary injunction.

Link to court’s TRO

Eagle Forum of Alabama — Amicus in support of motion to quash

Jeremiah Morgan Constitutional Law, U. S. District Court, Middle District of Alabama

Today, our firm filed an amicus brief in support of a motion to quash filed by Eagle Forum of Alabama opposing a subpoena by the federal government. The subpoena demands confidential information from a nonprofit advocacy organization relating to a law passed by Alabama which bans certain medical procedures harmful to minors.

Link to brief

Laity v. Harris

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

Today our firm served as co-counsel to file an amicus brief in support of a challenge to Kamala Harris’s eligibility for the office of Vice President of the United States.  In our brief, we explain the meaning of the “natural born citizen” requirement set out in Article II, Section 1, Clause 5 of the U.S. Constitution, and discuss why Harris does not qualify.

Link to brief

United States v. Michael Flynn

admin Constitutional Law, Litigation, U. S. District Court, District of Columbia

On behalf of Citizens United, Citizens United Foundation, and The Presidential Coalition, our firm filed an amicus brief supporting the dismissal of charges against General Michael Flynn. Our brief also opposes the court’s inquiry into bringing contempt and perjury charges against General Flynn. The case against General Flynn is currently pending in both the U.S. District Court for the District of Columbia, where we filed this brief, and in the U.S. Court of Appeals for the District of Columbia Circuit where we earlier filed a brief for General Flynn.

Link to CU/CUF/TPC Amicus Brief
Link to Motion for Leave to File

Texas v. United States

admin Constitutional Law, U. S. District Court, Northern District of Texas

Today, we filed the only amicus brief supporting a 20-state challenge to Obamacare being led by Texas Attorney General Ken Paxton.  The case is pending in the U.S. District Court for the Northern District of Texas  In December 2017, President Trump signed the Tax Cuts and Jobs Act of 2017, which eliminated the Obamacare penalty for failing to comply with the individual mandate.  The Texas lawsuit asks that Obamacare be declared unconstitutional in its entirety, since a zero tax cannot form the basis of the exercise of the taxing power.

Link to brief

United States v. Seerden

admin Constitutional Law, U. S. District Court, Eastern District of Virginia

Today we filed an amicus brief in the U.S. District Court for the Eastern District of Virginia in defense of a service member whose cell phone was searched and seized by the military in an unlawful manner.  As we have in the Jones case, the Graham case, the Zodhiates case, and others we explain how the Fourth Amendment first and foremost protects property rights, not some vague “reasonable Read More

United States v. Ackerman

admin Constitutional Law, U. S. District Court, District of Kansas

Today, we filed an amicus brief in support of a motion to suppress evidence in a criminal case in the U.S. District Court for the District of Kansas.  The case is on remand from an appeal to the Tenth Circuit which resulted in a decision written by Judge (now Justice) Neil Gorsuch.  Gorsuch had pointed out that the search of an email with its attachments could constitute a violation of the email Read More

Independence Institute v. Federal Election Commission

admin Election Law, U. S. District Court, District of Columbia

Today, our firm filed an amicus brief in support of The Independence Institute, in its challenge to certain federal election law and Federal Election Commission regulations governing electioneering communications.  Under these regulations, Section 501(c)(3) organizations must report on their broadcast issue ads which mention the name of incumbent Congressmen.  The required reports include certain Read More

Christopher Hedges v. Barack Obama, et al. Amicus Brief for Virginia State Delegate Bob Marshall, et al. in the United States District Court for the Southern District of New York

admin Constitutional Law, U. S. District Court, Southern District of New York

Today our firm filed an amicus brief in the case of Christopher Hedges v.Barack Obama, et al. in the United States District Court for the Southern District of New York in support of plaintiffs. This lawsuit challenges the National Defense Authorization Act of 2012’s illegal detention provision. A Read More

United States v. Bernard von NotHaus Amicus Reply Brief for Gold Anti-Trust Action Committee in the U.S. District Court for the Western District of North Carolina

admin Constitutional Law, Litigation, U. S. District Court, Western District of North Carolina

Today our firm filed an amicus reply brief in the case of United States v.Bernard von NotHaus in the U.S. District Court for the Western District of North Carolina on behalf of Gold Anti-Trust Action Committee (GATA). On June 10, 2011, the United States filed a reponse in oppostition to the GATA amicus brief, filed May 31, 2011.

Link to brief

United States v. Bernard von NotHaus Amicus Brief for Gold Anti-Trust Action Committee in the U.S. District Court for the Western District of North Carolina

admin Constitutional Law, Litigation, U. S. District Court, Western District of North Carolina

Today our firm filed an amicus brief in the case of United States v.Bernard von NotHaus in the U.S. District Court for the Western District of North Carolina on behalf of Gold Anti-Trust Action Committee. We also filed Appendix A to our amicus brief.

Link to brief

Awad v. Ziriax, Amicus Brief in the U.S. District Court for the Western District of Oklahoma

admin Constitutional Law, U. S. District Court, Western District of Oklahoma

Today our firm filed an amicus brief on behalf of U.S. Border Control, U.S. Border Control Foundation, The Lincoln Institute for Research and Education, and Conservative Legal Defense and Education Fund in the case of Muneer Awad v. Paul Ziriax, et al. in the U.S. District Court for the Western District of Oklahoma in opposition to the plaintiff’s motion for temporary Read More

MSSA v. Holder, Amicus Brief for Gun Owners Foundation in the U.S. District Court for the District of Montana

admin Firearms Law, U. S. District Court, District of Montana

Today our firm filed an amicus brief for Gun Owners Foundation, Gun Owners of America, Inc., and Virginia Citizens Defense League in the case of Montana Shooting Sports Association, Inc., et al. v. Eric H. Holder, Jr. in the U.S. District Court for the District of Montana.

Link to brief

 

State of Wyoming v. BATF Amicus Curiae Brief for Gun Owners Foundation in District Court

admin Constitutional Law, U. S. District Court, State of Wyoming

Today, our firm filed an amicus curiae brief for Gun Owners Foundation in the U.S. District Court for the State of Wyoming on behalf of the State of Wyoming, and the Wyoming Attorney General, Patrick J. Crank.

The brief was submitted in opposition to a BATF ruling that a Wyomingconcealed carry permit based on a Montana criminal background check is not sufficient to allow an FFL dealer to transfer Read More

Michel v. Anderson Amicus Brief

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

Our firm filed an amicus brief for the Abraham Lincoln Foundation for Public Policy Research, Inc. in the case of Michel v. Anderson in the United States District Court for the District of Columbia supporting the plaintiff’s request for a preliminary injunction.

The U.S. House of Representatives had adopted a rule change permitting non-Member Delegates from the District of Columbia and the Read More