In The Courts

Amicus Briefs

The lion’s share of Policy Analysis Center’s budget is spent in the courts where we challenge some of most outrageous infringements on the right of the American people. Most challenges have to fight their way through the entire court system: district court, circuit courts, and ultimately, SCOTUS, the Supreme Court of the United States of appeals. The full text of the cases in which we are/were involved are presented below.

2017
1. Citizens United v. Schneiderman January 13, 2017
Constitutional Law, Nonprofit Law, U. S. Court of Appeals, Second Circuit
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 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.
Click here to read or download our brief.

2. State of Washington v. Donald J. Trump (February 6, 2017)
Constitutional Law, U. S. Court of Appeals, Ninth Circuit
An amicus brief in the Ninth Circuit in support of a motion to stop a Temporary Restraining Order (TRO) issued by the U.S. District Court for the Western District of Washington, which stops the enforcement of President Trump’s Executive Order temporarily suspending entry of certain immigrants and refugees into the United States.
Click here to read/download our brief.

3. Peruta v. California (February 16, 2017)
Constitutional Law, Firearms Law, U. S. Supreme Court
An Amicus brief filed with the U.S. Supreme Court in support of the petition for certiorari filed in the Peruta challenge to California concealed carry laws. Our brief, however, urges the Supreme Court to grant certiorari to review a broader issue than that sought by the petitioners, based on a more robust understanding of the protections afforded by Second Amendment than that urged by petitioners.
Click here to read/download our brief.
Click here to read an earlier brief in the Peruta case filed on April 30, 2015, in the Ninth Circuit during its en banc proceeding.

4. Washington State v. Trump (February 16, 2017)
Constitutional Law, U. S. Court of Appeals, Ninth Circuit
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.
Click here to read or download our brief.

5. Collins v. Commonwealth of Virginia March 27, 2017
Constitutional Law, U. S. Supreme Court
An amicus brief urging the U.S. Supreme Court to review a deeply flawed decision of the Virginia Supreme Court involving the Fourth Amendment.  The cased involved different ways that courts evaluate the constitutionality of searches and seizures.
Click here to read or download our brief.

6. IRAP v. Trump March 31, 2017
Constitutional Law, U. S. Court of Appeals, Fourth Circuit
Today, Policy Center 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.
Click here to read or download our brief.

7. United States v. Ackerman ( April 10, 2017)
Constitutional Law, U. S. District Court, District of Kansas
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 owner’s property interest protected by the Fourth Amendment, applying the Supreme Court’s United States v. Jones principle.
Click here to read or download our brief.

8. Hawaii v. Trump ( April 21, 2017)
Constitutional Law, U. S. Court of Appeals, Ninth Circuit
Policy Center filed a 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.
Click here to read or download our brief.

9. Brewer v Arizona Dream Act Coalition (May 1, 2017)
Constitutional Law, U.S. Supreme Court
An Amicus Brief filed with the U.S. Supreme Court. Arizona is seeking to have the Supreme Court review and reject a Ninth Circuit opinion which struck down Arizona’s decision not to issue driver’s licenses to illegal aliens who are part of President Obama’s unconstitutional DACA program.
Click here to read or download our brief.

10. Soto v. Bushmaster (May 30, 2017)
Firearms Law, Supreme Court of Connecticut
We filed an amicus brief in the Connecticut Supreme Court in support of gun manufacturers Bushmaster and Remington, who had been sued by the families of the Sandy Hook school shooting victims.
Click here to read or download our brief.

11. Trump v. IRAP ( June 12, 2017)
Constitutional Law, U. S. Supreme Court
PAC filed in the U.S. Supreme Court an amicus brief supporting President Trump’s challenge to the Fourth Circuit decision which approved a Maryland judge’s injunction against his Executive Order.  Our brief supports both President Trump’s application to stay this injunction, and supports his petition for certiorari.  The brief addressed three broad points.
Click here to read or download our brief.

12. United States v. Robinson ( July 24, 2017)
Constitutional Law, Firearms Law, U. S. Supreme Court
This case concerns how, in the area of Second and Fourth Amendment law, Circuit court judges, in particular, seem to feel free to disregard binding Supreme Court constitutional decisions.
Click here to read or download our brief.

13. Trump v. IRAP; Trump v. Hawaii (August 17, 2017)
Constitutional Law, Statutory Construction, U. S. Supreme Court
Today we filed our sixth brief in support of the Trump Immigration Executive Orders.  Three of those prior briefs were in the Ninth Circuit; one in the In the Fourth Circuit; and one in the U.S. Supreme Court.  In this brief, we set out four major arguments, on the critical issues which will be decided by the High Court..

2016
1. Wikimedia Foundation v. National Security Agency (February 24, 2016)
U. S. Court of Appeals, Fourth Circuit
A brief opposing NSA’s program of “Upstream” Internet surveillance of Americans.
Click here to read/download brief.

2. United States v. Texas (April 4, 2016)
Constitutional Law, U. S. Supreme Court
A brief, filed with the U.S. Supreme Court supporting the challenge by Texas and 25 other states to the Obama Administration’s authority to grant “lawful presence” (amnesty) to approximately 4 million illegal aliens, violating federal separation of powers.
Click here to read/download brief.

3. Independence Institute v. Federal Election Commission (June 24, 2016)
Election Law, U. S. District Court, District of Columbia
An amicus brief in support of The Independence Institute in its challenge against federal election laws and regulations that violate First Amendment principles of anonymity long recognized by the U.S. Supreme Court.
Click here to read/download our brief.

4. Steven Fish v. Kris Kobach (July 8, 2016)
Constitutional Law, U. S. Court of Appeals, Tenth Circuit
An amicus brief in the Tenth Circuit in support of the right of Kansas to require that persons registering to vote under the National Voter Registration Act of 1994 submit documentary proof of citizenship.
Click here to read our brief.

5. Graham v. United States (November 3, 2016)
Constitutional Law, U. S. Supreme Court
An amicus brief in the U.S. Supreme Court arguing against a case where the Supreme Court argues it’s “third-party doctrine,” claiming a citizen no longer has a “reasonable expectation of privacy” if he voluntarily gives information to third parties, like a cellphone company.
Click here to read our brief.

2015
1. Jewel v NSA (National Security Agency)
U.S. Court of Appeals for the Ninth Circuit
Click here to read/download brief.

2. Texas v. United States (May 11, 2015)
Constitutional Law, U. S. Court of Appeals, Fifth Circuit(May 11, 2015)
Amicus brief challenging California’s 10-day waiting period for firearm purchases.
Click here to read/download brief.

3. The DREAM Act – Amicus brief supporting the challenge by State of Texas and 25 other states to the Obama Administration’s misuse of “executive action” (“DAPA”) to implement provisions of the DREAM Act that Congress refused to enact.
Click here to read/download brief>

4. Amicus brief supporting the right to “bear” arms in California.
Peruta v. San Diego, Richards v. County of Yolo
U.S. Court of Appeals for the Ninth Circuit (April 30, 2015)
Click here to read/download brief.

5. Amicus brief challenging the Federal Election Commission’s attack on political independent expenditures by nonprofit organizations.
Independence Institute v. FEC
United States Court of Appeals for the District of Columbia (April 15, 2015)
Click here to read/download brief.

6. A brief challenging the constitutionality of the 2013 Colorado laws banning “large capacity” magazines and requiring criminal background checks for all private transfers of firearms.
Rocky Mountain Gun Owners v. Hickenlooper
Colorado Court of Appeals (March 12, 2015)
Click here to read/download brief.

7. Amicus brief in the U.S. Supreme Court in support of a challenge to San Francisco’s gun storage and ammunition ordinances.
Jackson v. City & County of San Francisco
Supreme Court of the United States (January 15, 2015)
Click here to read/download brief.

2014
1. Military Detention of American Citizens – NDAA
Chris Hedges v. Barack Obama  (3rd Amicus Brief filed)
Supreme Court of the United States (January 3, 2014)
Click here to read/download brief.

2. Groundless No-Knock Midnight Home Invasions by Police
Quinn v. Texas
Supreme Court of the United States (January 27, 2014)
Click here to read/download brief.

3. Amicus brief challenging New Jersey’s Concealed Carry Laws
Drake v. Jerejian
Supreme Court of the United States (February 12, 2014)
Click here to read/download brief.

4. Privacy Rights
United States v. Wurie
Supreme Court of the United States (April 9, 2014)
Click here to read/download brief.

5. Opposing Connecticut’s ban of “assault weapons” and large capacity magazines
Shew v. Malloy
U.S. Court of Appeals for the Second Circuit (May 23, 2014)
Click here to read/download brief.

6. Defending Fourth Amendment – unreasonable searches and seizures
Heien v. North Carolina
Supreme Court of the United States (June 16, 2014)
Click here to read/download brief.

7. Defending Citizens from Anti-gun Judges
Johnson v. United States
Supreme Court of the United States (July 3, 2014)
Click here to read/download brief.

8. Opposing San Francisco’s Gun Control Laws
Jackson v. San Francisco
United States Court of Appeals for the Ninth Circuit
Click here to read/download brief.

9. Presidential Qualifications – the ongoing debate on defining a “natural born citizen”
Rudy v. Lee
Supreme Court of the United States (Aug. 13, 2014)
Click here to read/download brief.

10. Opposition to D.C. revised gun control measures
Heller v. District of Columbia
United States Court of Appeals for the District of Columbia Circuit (September 9, 2014)
Click here to read/download brief.

11. Amicus brief in the U.S. Supreme Court in opposition the Obamacare healthcare “exchanges” created by the federal government contrary to the plain language of the statute.
King v. Burwell (Obamacare, Round III)
Supreme Court of the United States (SCOTUS) (December 29, 2014)
Click here to read/download brief.

2013
1. Election Law
McCutcheon v. Federal Election Commission (May 13, 2013)
Supreme Court of the United States (SCOTUS)
Click here to read brief.

2. Treaty Power
Bond v. United States (May 15, 2013)
Supreme Court of the United States (SCOTUS)
Click here to read brief.

3. Asset Forfeiture
Kaley v. United States (July 8, 2013)
Supreme Court of the United States (SCOTUS) Click here to read brief.

2012
1. Census
Louisiana v. Bryson (January 13, 2012)
Supreme Court of the United States (SCOTUS)
Click here to read brief.

2. Immigration
Arizona v. United States [Merits] (February 13, 2012)
Supreme Court of the United States (SCOTUS)
Click here to read brief.

3. ObamaCare
Department of Health and Human Services v. Florida (February 13, 2012)
Supreme Court of the United States (SCOTUS)
Click here to read brief.

4. National Defense Authorization Act of 2012
Christopher Hedges v. Barack Obama (December 17, 2012)
United States Court of Appeals for the Second Circuit
Click here to read brief.

2011
1. Election Law
Arizona Free Enterprise v. Ken Bennett (January 20, 2011)
Supreme Court of the United States (SCOTUS)
Click here to read brief.

2. ObamaCare
Kenneth T. Cuccinelli, II v. Kathleen Sebelius (April 4, 2011)
United States Court of Appeals for the Fourth Circuit
Click here to read brief.

3. Immigration
Arizona v. United States [Petition] (September 12, 2011)
Supreme Court of the United States (SCOTUS)
Click here to read brief.

4. Fourth Amendment
United States v. Antoine Jones [Merits] (October 3, 2011)
Supreme Court of the United States (SCOTUS)
Click here to read brief.

1998-2000
1. Census – Clinton v. Glavin
Department of Commerce v. United States House of Representatives (November 3, 1998)
Supreme Court of the United States (SCOTUS)
Click here to read brief.

2. Election Law
Jeremiah W. Nixon v. Shrink Missouri Government PAC (June 7, 1999)
Supreme Court of the United States (SCOTUS)
Click here to read brief.