In his first inaugural address, Thomas Jefferson defended limited government: “A wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.” Two hundred years of experience have taught us the truth of these words. Without appropriate limits on government there is no liberty.
CCJ AS DIRECT REPRESENTATIVE:
NOM v. United States. CCJ, with a team of other litigators, is representing the National Organization for Marriage in a lawsuit seeking damages for the illegal disclosure of NOM’s donors during the presidential election campaign in 2012. The complaint was filed in October and the government’s answer was filed in early December. Discovery and other pretrial litigation are ongoing
Meridian Moulding v. Labor Commissioner. CCJ represents the petitioner in a challenge to a California law requiring businesses who file an appeal from the Labor Commissioner’s imposition of penalties to post a double bond. Briefing on this issue was filed in November and at the hearing in the California Superior Court on January 24, 2014, the court agreed that the double-bond was unconstitutional. We are now briefing the merits with a hearing scheduled for June 6.
ACTIVE CASES:
Bond v. United States. CCJ filed a joint brief with the Cato Institute for the Supreme Court arguing that the Treaty Power cannot be used to increase Congress’ enumerated powers to legislate on domestic matters. The Supreme Court has heard argument and a decision is expected before the end of June.
Download the full brief here: Amicus Brief, Carol Anne Bond v. U.S.
Chamber of Commerce v. EPA. This case challenges EPA’s decision to expand its regulation of Greenhouse Gasses to stationary sources (power plants and factories) solely on the basis that the agency decided it had authority to regulate greenhouse gasses in auto emissions. The case was heard in February and awaits a decision from the Supreme Court.
Download the full CCJ brief here: Amicus Brief, Chamber of Commerce v. Environmental Protection Agency
NLRB v. Noel Canning. CCJ Founding Director John Eastman joined a brief of Constitutional Law Scholars arguing that the President could not use the Recess Appointments Power when the Senate was only in a short break and not a formal recess.
Download the full brief here: Amicus Brief, National Labor Relations Board v. Noel Canning
Peri & Sons Farms, Inc. v. Rivera. CCJ filed a brief with the Court urging review in this case in order to overturn prior decisions that require judges to defer to administrative agencies in the interpretation of administrative regulations. The brief points out that this practice puts all three governmental powers – legislative, executive, and judicial – in the hands of the administrative agency and thus destroys the protection of individual liberty intended by the principle of separation of powers. The brief was filed in March and the Court may act on the petition by the end of June.
Download the full CCJ brief here: Amicus Brief, Peri & Sons Farms, Inc. v. Rivera
Sissel v. HHS. This case is a challenge to the Patient Protection and Affordable Care Act based on the Origination Clause in Article I, Sec. 8 of the U.S. Constitution. The Supreme Court upheld the law under Congress’ power to impose taxes. That power is limited, however, by the Origination Clause which requires all measures for raising revenue to originate in the House of Representatives. The ObamaCare legislation, however, originated when the Senate deleted all provisions of a bill from the House of Representatives and substituted the language of the ObamaCare statute. Having lost in District Court, the plaintiffs are now appealing to the U.S. Court of Appeals for the District of Columbia.
Download the full CCJ brief here: Amicus Brief, Matt Sissel v. U.S. Department of Health and Human Services, et al.
RECENT CASES:
Liberty University v. Lew. CCJ filed a brief in support of a challenge to the ObamaCare Employer Mandate (the case last year was on the individual mandate). The Supreme Court declined review and the case is now closed.
Unite Here v. Muhall addressed the issue of whether a labor union and employer violate the National Labor Relations Act by entering into an agreement where the union and the employer agree to exchange favors to influence a political issue favored by the employer. After argument, the Supreme Court dismissed review without decision. The case is now closed.
Walburg v. Nack. CCJ joined with the National Federation of Independent Business Small Business Legal Center in a case having to do with the separation of powers, administrative law, and the delegation of the law-making power. The Supreme Court declined review and the case is now closed.
