Not only can Cockle Legal Briefs help you prepare and file your Briefs in the United States Supreme Court, we can also help you prepare and file Appellate Briefs in the Second Circuit, the Fifth Circuit, the Ninth Circuit, or any of the thirteen Federal Circuit Courts. The filing requirements in the thirteen Federal Circuit Courts are complex, and often [...]
The U.S. Court of Appeals for the Ninth Circuit is located in San Francisco, California, and serves Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Below are a few unique rules and attributes of the Ninth Circuit. Cir. R. 28-2.6 states that there must be a “Statement of Related [...]
This morning the Fourth Circuit Court of Appeals decided the case of Colon Health Centers v. Hazel, a case challenging the constitutionality of Virginia’s “Certificate of Need” or CON law for clinics that want to buy medical equipment to help screen people for cancer. The trial court had thrown that case out before hearing any [...]
Today, Pacific Legal Foundation attorneys filed a motion in Kentucky Federal District Court asking Judge Danny Reeves to strike down the Bluegrass States’ anti-competition law for moving companies. Representing entrepreneur Raleigh Bruner and his company, Wildcat Moving, we’ve argued that the state’s licensing law for movers violates the Fourteenth Amendment, which forbids government from arbitrarily depriving [...]
(PLF attorney Timothy Sandefur (L) and client Raleigh Bruner (R) outside the Federal Court building in Lexington, Ky. yesterday) Thursday afternoon, U.S. District Court Judge Danny Reeves issued an order blocking the state from enforcing its Competitor’s Veto law for moving companies, at least until he has the opportunity to decide whether [...]
Under legal precedents established in the 1930s, business owners who want to defend their constitutional right to earn a living against unreasonable government interference face a very difficult task. They must overcome the “rational basis test,” a legal theory that says the judge must presume that the law is constitutional and the [...]
This was a big week for same-sex marriage. On Tuesday, the Ninth Circuit struck down California's Proposition 8 on equal protection grounds. Then on Wednesday, the state of Washington voted to approve gay marriage. A lot has been written in the last few days and here is some of the best coverage by people on both [...]
The Fourth Circuit Court of Appeals this week rejected the state of Virginia’s lawsuit challenging the Individual Mandate on the grounds that the state lacked the constitutionally required standing to bring the lawsuit. This is a technical area of constitutional law, and one where the precedents are debatable. But I want to [...]
This morning, the Fourth Circuit Court of Appeals issued a 33 page decision reversing Judge Henry Hudson’s decision that found the Individual Mandate unconstitutional. The Court of Appeals didn’t reach the merits of the case, but held that the state lacked standing to bring the suit. Pacific Legal Foundation filed a brief [...]
Brown v. Entertainment Merchants Assn., 08-1448 California passed a law regulating the sale and rental of violent video games to minors. The 9th Circuit declined to use the standard applied to laws restricting sexual obscenity, and instead struck down the law after a strict scrutiny examination. Writing for a diverse majority, Justice [...]