-
spells disaster for the U.S. economy andfor businesses.
For more than three decades, MSLFhas fought for individual
liberty. Neverin its history has MSLF faced a greaterchallenge to
that liberty than the mandatein ObamaCare. MSLF has no choice:
itmust fight back!
Page One
Autumn 2010The Litigatoris published quarterly byMountain States
Legal Foundation, a nonprofit, public-interest law firmdedicated to
individual liberty, the rightto own and use property, limited and
ethical government, and the free enterprise system.
MOUNTAINSTATESLEGALFOUNDATION
Executive Offices:2596 South Lewis WayLakewood, Colorado
80227303-292-2021Fax 303-292-1980www.mountainstateslegal.org
TheLitigatorhas been upheld consistently by the feder-al
judiciary, including the U.S. SupremeCourt.
Virginia filed its lawsuit the day thestatute was signed into
law; on August 2,2010, the district court rejected the Obama
Administrations motion to dismissthe lawsuit.
Since ObamaCarebecame law March 23, 2010, sev-eral lawsuits have
been filed tochallenge its constitutionality;most notable among
them are
the lawsuit filed by twenty states,as well as other plaintiffs,
led by
Florida, and the lawsuit filed byVirginia. All challenge the
indi-vidual mandate set forth in thestatute, under which all
Americans must purchasehealth care insurance or pay a
penalty, as well as other provisionsas conflicting with the
Constitution.
During the nationaldebate regarding ObamaCare,Speaker Pelosi
said memorably,
regarding the 1,000 pages of legislationthat nearly no one had
read, [W]e haveto pass the bill so that you can find outwhat is in
it . . . . Over the last sixmonths, a bill that the American
peoplethought was bad (54% opposed its pas-sage) has become the law
that is worsethan they had imagined (67% of main-stream voters
today demand that it berepealed).
Prior to its enactment, theCongressional Budget Office
(CBO)claimed that the statute would be revenueneutral; however, in
the days and monthssince, the CBO is less sanguine about itsimpact
on the economy. Moreover, recentresponses of the marketplace and
smallbusinesses reflect a belief that ObamaCare
Federal Court Must Uphold Virginia Lawsuit!
MSLF: OBAMACARE UNCONSTITUTIONALObamaCare is
unconstitutional,
declared MSLF in a hard-hitting brieffiled with the U.S.
District Court for theEastern District of Virginia,
RichmondDivision. MSLF, based on its decades ofexperience
addressing constitutionalissues before the Supreme Court of
theUnited States and many federal courtsof appeals, joined with
theCommonwealth of Virginia inurging the district court to
grantsummary judgment in favor ofVirginia by declaring thePatient
Protection andAffordable Care Actunconstitutional and toreject the
motion forsummary judgment filedby the ObamaAdministration.
On behalf of its mem-bers across the country as wellas those in
Virginia, MSLFargues in its amicuscuriae brief that theindividual
mandateset forth in the statute, under which allAmericans must
purchase health careinsurance or pay a penalty, is
unconstitu-tional. Noting that, for the first time inAmerican
history, Congress has orderedevery American to make a specific
pur-chase, that is, health insurance, simplybecause Congress says
that it is in thenational interest, MSLF argues that, if
theCommerce Clause permits Congress toissue this individual
mandate, there areno limits to what Congress may do. Inaddition,
MSLF argues that Americasembrace of limited government of specif-ic
enumerated powers began in the pre-revolutionary days, continued
throughthe Declaration of Independence, theConstitution, and the
Bill of Rights, and
2010 by National Review, Inc. Reprinted by permission.
$250
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
200
150
100
50
0
ObamaCare is UnaffordableAccording to the Congressional Budget
Office, ObamaCare will cost upwards of $1.3 trillion through
2019.
Estimated Spending in Billions of Dollars
Chart information courtesy of The Heritage Foundation
-
Page Tw oTheLitigator
PENDLEYS VIEWOn May 14, 2010, the U.S.
Department of State announced nomajor breakthroughs in the first
bilater-al human rights discussions withChina since 2002. Assistant
Secretary forthe Bureau of Democracy, HumanRights, and Labor,
Michael H. Posner,who briefed the media, announced that,in their
meeting with China, the U.S. del-egation brought up the newly
passedArizona immigration law (S.B 1070) asa troubling trend in
[America] and anindication that [America has] to dealwith issues of
discrimination or potentialdiscrimination . . . in our own
society.
On July 5, 2010, while SecretaryPosner was enjoying a day off
(federaloffices were closed) to celebrateIndependence Day, the
Associated Pressannounced that an American geologist,45-year old
Xue Fengwho was born inChina, earned his Ph.D. at the Universityof
Chicago, became a U.S. citizen, andworks for a Colorado energy
companyand who was held and tortured byChinas state security agents
for two andone half yearshad been sentenced toeight years in prison
allegedly for spyingand collecting state secrets regarding
theChinese oil industry, which endangered[Chinas] national
security.
The next day, Attorney General EricHolder, joined with the ACLU,
NAACP,MALDEF, and others in challenging S.B.1070. On July 28, 2010,
a federal districtcourt agreed with the Obama Admin-istration and
struck down much of theArizona law. Next stop is the U.S. Courtof
Appeals for the Ninth Circuit, en routeto the Supreme Court of the
UnitedStates.
Thus, while American citizens, pur-suant to the Constitution and
the rule oflaw, seek to address issues of great per-sonal and
national concern, an Americancitizen sits in a hellhole jail in
China.Team Obama regards these circum-stances as morally
equivalent.
Who is the more embarrassing:Team Obama or Arizona?
WEB PAGE POLLVisitors to MSLFs web site at
www.mountainstateslegal.org responded to the
following question: Illinois says nonresidents may not buy guns
or ammo. AnOhio woman is suing for her right to protect herself
when she visits friends inIllinois. Should she win? One hundred
percent (100%) said, Yes: The SupremeCourt ruled in June 2010 that
the right to keep and bear arms applies equally to allthe States."
Zero percent (0%) said, No: Just like Washington and Chicago,
whichrefused to obey the Court, Illinois will protect citizens from
guns.
Vote on the new question at MSLFs web site today!Remember, the
best way to keep abreast of MSLFs precedent-setting, national-
ly significant litigation is to check MSLFs highly acclaimed web
site. MSLFs website is updated at least every week and often daily.
In particular, check for updateson MSLFs Legal Cases and Press
Releases.
WYOMING COUNTY TESTS ACLU VICTORYFremont County, Wyoming, and
its
Commissioners filed an appeal withthe U.S. Court of Appeals for
the TenthCircuit to challenge anAugust 2010 ruling by aWyoming
federal dis-trict court rejecting thecountys voting planin favor of
one draftedby the ACLU on behalfof local AmericanIndians. In its
appeal,Fremont County arguesthat the district courtwas required to
accept itsplan if that plan cured anypurported violation of
thefederal Voting Rights Act(VRA) and did not result ina new
violation.
In April 2010, the districtcourt ruled that Fremont
Countysmethod of electing its commissionerspursuant to state law
violated theVRA. Briefing as to the proper remedyfollowed with
arguments in Cheyennein July. The courts 102-page ruling fol-
lowed a trial in February 2007 and finallegal briefing in May
2007.
Fremont County, which elects itscommissioners at large in
partisan
races, consists of 75percent non-
Hispanic Whitesand 20 percentAmerican Indians;60 percent of
reg-
istered voters are Republicans. TheOctober 2005 lawsuit, filed
on behalf offive Eastern Shoshone and Northern
Arapahoe tribal members, demand-ed at least one district that
would
ensure the perpetual election ofan American Indian
Commis-sioner. Fremont County
responded that AmericanIndians are able to participate equallyin
the political process and that no vio-lation of federal law had
occurred. Infact, in November 2006, FremontCounty elected an
American Indiancommissioner; neither the ACLU northe district court
found that significantas to a VRA violation.
DOUBLE YOUR MSLF GIFT! TELL THE BOSSDid you know that you might
be
able to double your gift for free?Thousands of companies match
theiremployees charitable contributions.Matching gifts play a key
role in help-ing MSLF fight its court battles. Pleaseask if your
employer has a matching
gift program. Contact your humanresources or personnel
department tosee if your company will match yourgift to MSLF. Then,
each time you mailyour gift, please include a matchinggift form
from your employer. MSLFwill do the rest!
-
Page Three TheLitigator
Twenty-seven national and state orga-nizations whose members
engage in live-stock grazing on the Nations federal landssought to
intervene in a lawsuit filed byenvironmental groups that could kill
live-stock grazing in the American West.Represented by MSLF, a
defender of graz-ing rights since 1977, organizations fromthe
eleven western states that reach fromthe Great Plains to the
Pacific Ocean, plustheir national affiliates, filed their
motionwith the federal district court for theDistrict of Columbia
where five environ-mental groups filed a lawsuit in June 2010.
Grazing, which has been permittedsince American settlers came
West, hasbeen a mainstay of the rural westerneconomy and a
mechanism for savingopen space and western wildlife.
Theenvironmental groups demand that theagencies that manage federal
grazingland conduct expensive environmentalstudies, which will lead
to lawsuits thatwill end grazing, perhaps forever.
Environmental groups have long
opposed grazing on federal lands, whichinvolves 18,000 permits
and leases onnearly 160 mil-lion acresacross theWest.
The 1934Taylor GrazingAct authorizesfederal agen-cies to
issuepermits tograze livestocksubject topaymentannually of
rea-sonable fees to be fixed or determinedfrom time to time in
order to stabilizethe livestock industry dependent uponthe public
range. The Federal LandPolicy and Management Act of 1976(FLPMA),
did not alter this concept; infact, FLPMA required an
equitablegrazing fee achieved by taking intoaccount various factors
to ensure the rea-
sonableness of such [a] fee. In 1978, the Public Rangelands
Improvement Act(PRIA) provideddirections govern-ing grazing
fees,including that thefees be equitable,prevent economicdisruption
andharm to the west-ern livestock indus-try, and considerthe cost
of livestockproduction and theability to pay.
In 1986, President Reagan orderedcontinued use of the PRIA
formula, anExecutive Order set aside as contrary tothe National
Environmental Policy Act(NEPA). In 1988, after conducting
envi-ronmental analyses, the Bureau of LandManagement (BLM) and
U.S. ForestService issued rules to continue the PRIAformulas annual
use.
HAZLETON SUFFERS APPEALS COURT DEFEAT; MSLF PREPARESHazleton,
Pennsylvania, vowed to
fight back after athree-judge panelof the U.S. Courtof Appeals
for theThird Circuit inPhiladelphiaupheld a ruling bya
Pennsylvaniafederal districtcourt that the ordi-nances adoptedby
Hazleton toaddress theimpacts of illegalimmigrants are preempted by
federal lawand thus unconstitutional. The decisioncomes nearly two
years after the October30, 2008, argument before the panel.
On July 26, 2007, after a two-week trialin March 2007 and
subsequent legal brief-ing, the district court ruled the
ordinances,adopted in the summer of 2006, addressissues preempted
by federal law and inter-fere with the due process rights of
illegalimmigrants. MSLF, at the request of
Mayor Lou Barletta, joined the Citys smalllegal team,which
alsoincludes theImmigrationReform LawInstitute led byits
generalcounsel,Michael M.Hethmon, andUniversity ofMissouri-Kansas
City
School of Lawprofessor Kris W. Kobach.
Legal experts have long acknowl-edged that the legal questions
raised bythe ordinances adopted by Hazleton andlaws adopted by
Arizona must be heardby the U.S. Supreme Court.
Located 80 miles northwest of Phil-adelphia, near Interstates 80
and 81,Hazleton, incorporated in 1857, was home,during the 2000
Census, to fewer than25,000 citizens. Since that time, its
popula-
tion has ballooned to more than 31,000.Most of that number
comprises individu-als who have entered the country illegally.
Frustrated by the failure of the federalgovernment to address
the issue of illegalimmigration and problems it poses including
violent crime, crowded schools,hospital costs, and demand for
servicesthe City Council, at the request of MayorBarletta, adopted
the ordinances to dealwith these problems.
KEEP READING!The Litigator, MSLFs quarterly
newsletter, is the indispensable toolfor staying informed
regarding thelatest in MSLFs
precedent-setting,nationally-significant,
public-interestlitigation. The Litigator is mailed onthe first of
February, May, August,and November. Ensure that youkeep receiving
The Litigator by contributing $25 annually.
WESTERN RANCHERS FIGHT BACK AGAINST ENVIROS ASSAULT
Photo Courtesy of The Associated Press
Photo Courtesy of Wyoming Stock Growers Association
-
85% of Americans give to a charity;
6% leave a bequest to that charity.
In what % are you as to MSLF?
Page FourTheLitigator
HELP MSLF FIGHT FOR FREEDOM: JOIN THE LEGACY SOCIETYName
___________________________________________________________________________________________________________Address
_________________________________________________________________________________________________________City_______________________________________State
__________________________Zip
___________________________________Home Phone
_________________________Cell
Phone___________________________E-Mail_________________________________
oSend me FREE information on Planned Giving.oCall me! I have
planned giving questions.oI have added MSLF to my estate plans. Put
my name on the plaque.oSend me the MSLF ENewsletter.
Mail to: MSLF, 2596 SOUTH LEWIS WAY, LAKEWOOD, CO 80227
!
A great gift to MSLF that does notoften come to mind is the
contribution ofa donors personal residence or farmwhile retaining a
right to live on theproperty for the donors lifetime; that is,a
retained life estate.
The donor receives an instant incometax deduction for the value
of the remain-der interest in the real property that wascontributed
to MSLF; however, the donorcontinues to be responsible for
routineexpenses regarding the property.
GIVING: LIFE ESTATECHARITABLE GIFT ANNUITYA FINE GIFTA
charitable gift annuity (CGA) is a contract between MSLF and a
donor under
which MSLF agrees to pay a fixed amount periodically for the
lifetime of one or twonamed individuals, in exchange for a
contribution to MSLF. The amount of the pay-ment is fixed at the
time the contribution is made and cannot be changed; most oftenthe
amount is set based on the rates recommended by the American
Council on GiftAnnuities (ACGA). Payments may begin immediately or
be deferred but must bemade at least annually; however, they can be
made more often; in fact, quarterly is acommon payment schedule.
The payments are taxed in one of three ways: tax-free;as capital
gain income if funded with appreciated property; and as ordinary
income.A CGA may be regulated by the state in which the donor
resides.
Assumptions:Annuitant (Donor)
Age...................................................72Principal
Donated...................................................$10,000Cost
Basis
.................................................................$10,000Annuity
Rate
................................................................5.9%Payment
Schedule...............................................quarterly
Charitable Deduction:
.............................................................$3,909Annuity:
Tax-free
Portion............................................................$420Ordinary
Income..........................................................$170
After 14.5 years, the entire annuity becomes ordinary income.
Income tax regu-lations and estate tax laws are complex and vary
state to state. PLEASE consult a taxadvisor before making any
decision.
Suggest this bequest language to your attorney:I [name], of
[city, state, ZIP] give, devise and bequeath to Mountain States
Legal Foundation (MSLF), (tax identification number 84-0736725)
2596 SouthLewis Way, Lakewood, Colorado 80227, [written dollar
amount or percentage ofthe estate or description of the property]
to continue its mission to protect and pre-serve individual
liberty, the right to own and use property, limited and
ethicalgovernment, and the free enterprise system.
When you add MSLF to your will, be sure to tell us! We want to
thank you byadding your name to MSLFs Legacy Society wall
plaque.
ACT NOW: REMEMBER MSLF IN YOUR WILL
More than 60 percent of adults livingin households with children
do NOThave wills. You need one if:
You are married; You have minor children or ail-
ing parents; Your entire estate is valued at
more than $50,000; You own real estate; You own a business; You
support MSLF!
You need to revise your will if therehave been changes in any of
the following:
Marital status; Desired executor/guardian; Finances;
Beneficiaries; Place of residence; Tax laws; Childrens financial
needs; Degree of support for MSLF!
NEED TO DRAFT ORREVISE YOUR WILL?
-
Page FiveTheLitigator
MSLF receives no government funds (except when it wins in court
and thejudge orders the federal government to pay attorneys fees
and expenses).MSLFs sole source of support is the tax-deductible
contributions of thosewho support its aggressive litigation
program.MSLF is a nonprofit, public-interest I.R.C. 501(c)(3)
corporation, which makesthe contributions it receives tax
deductible.MSLF is committed to the vision of the Founding Fathers:
individual liberty,the right to own and use property, limited and
ethical government, and thefree enterprise system.MSLFs commitment
to the Constitution ensures that America remains a nationof laws
and not of men and that the rich liberty legacy of this nation
continues.MSLF does only one thing: it goes to court in defense of
the Constitution,strict adherence to the laws of the land, and
those who cannot afford to hirelegal counsel to protect their
rights.Only YOU can ensure that MSLF may continue its vital
work.
Federal, state, and local taxes take an ever-increasing share
ofones income.Gift giving decreases taxes while advancing
charitable goals.At a time when many mechanisms for legally
lowering taxeshave been eliminated, the opportunities for reducing
taxes byplanned charitable giving have been increased!
Income Tax Each year a person may deduct as much as 50percent of
his or her adjusted gross income (AGI) for gifts ofcash to a
qualified charity; that limit is only 30 percent for giftsof
appreciated property.Estate Tax A person who died in 2009 is
entitled to an exclu-sion of up to $1,000,000; however, estates in
excess of thatamount may deduct charitable gifts, by will or trust.
Becausefederal estate taxes over $1,000,000 range from 37 percent
to 50percent, for every charitable gift of $1,000, the estate saves
upto $500 in taxes. Please consult your tax adviser.
Contributions of stock can be made electronically to MSLF's
brokerage account DTC 0164. When transferring stock, indicateacct.
#7080-3528, Charles Schwab & Co., 518 17th St., Suite
100;Denver, CO 80202. (Derek Tuz 303-260-5916; Fax:
303-260-5911).Please notify MSLF BEFORE making the transfer; there
is no wayto identify a stock donor without prior notification.
Problemk
SolutionkReasonk
The Meansk
StockkTransfer
Information
MSLF CANNOT REST;ITS ROLE ESSENTIALTO REMAINING FREE
In 2010, MSLF will have been going to court for 33 years,
fighting to compelcompliance with the commands of theConstitution
and federal law to ensurethat America remains a nation of laws.At
no time during these three decadeshas the need for MSLF to go to
court onbehalf of those who could not affordlegal representation
been lessened. Infact, as the federal bureaucracy hasgrown and as
federal laws havebecome more far-reaching and intru-sive, MSLFs
caseload has increaseddramatically. That is obvious from areview of
the scores of MSLF cases.
Your Support Is VitalIf there is one lesson MSLF has
learned over the past 33 years, it is that,regardless of which
party occupies theWhite House or controls Congress, thethreat to
liberty remains and MSLF mustbe ready, willing, and able to go to
courtto defend freedom. As Thomas Jeffersononce said, Eternal
vigilance is the priceof liberty. One of the prices that mustbe
paid for MSLF to remain vigilant isthe price that tens of thousands
ofAmericans pay annually by makingtheir tax-deductible
contributions toMSLF and its litigation.
The support of MSLF by tens ofthousands of Americans committed
tofreedom could not be more important.Your support will ensure that
MSLFremains IN THE COURTS FOR GOOD!
Yes! I want to help MSLF in its brave fight to ensure the
guarantees of theU.S. Constitution and to preserve the rule of law
throughout the land!
o Enclosed is a tax-deductible contribution of $25. Please keep
sending me The Litigator!
o Enclosed is a tax-deductible contribution of $ _______to help
MSLF in its courtroom battles.
o Enclosed is a tax-deductible contribution of $_______ for
MSLFs Endowment Fund.
o PLEASE send me information on planned giving.
Name
____________________________________________________________________________
Street
____________________________________________________________________________
City ___________________________State
________________________Zip _________________
Day Phone ( ______) ________________E-mail Address
_________________________________
Mountain States Legal Foundation (MSLF) Is A Nonprofit,
Public-Interest Law Firm, Certified As A 501(c)(3)
OrganizationSince Its 1977 Founding.
Therefore, Your GenerousContributions to MSLF Are Tax
Deductible!
-
SOUTH DAKOTA COUPLE CELEBRATES WIN
Page SixTheLitigator
The U.S. Court of Appeals for theNinth Circuit rejected
compelling legalarguments by the Arizona MiningAssociation,
represented by MSLF, that theentire court (en banc) rehear a
September2009, 2-1 ruling by a three-judge panel. Atissue is a
proposed land exchange betweenthe Bureau of Land Management
(BLM)and Asarco LLC, which was analyzed atlength by the BLM and
upheld, over achallenge by environmental groups, by theInterior
Board of Land Appeals (IBLA),and an Arizona federal district court.
Thepanel, over a powerful dissent, held theNational Environment
Policy Act (NEPA)studies by the BLM to be inadequate.
The Association argued, in its friend ofthe court brief, that
the panels rulingrejects the will of Congress, renders
landexchanges off-limits to the mining indus-try, and robs
Arizonans of jobs.
At issue is the Ray Mine Complex inGila and Pinal Counties.
9TH CIRCUIT ERRS!
Supreme Court of the United StatesIn a vitally important battle
to prevent
legal abuse of global cooling, globalwarming, climate change, or
global cli-mate disruption, MSLF urged the U.S.Supreme Court to
hear a case that askswhether States have the constitutionalright to
file nuisance lawsuits by assertingharm from greenhouse gases
(GHG).
MSLF argues that the Court mustgrant the petition due to tension
betweenthe Courts 1992 ruling as to when anenvironmental group has
the legal right tosue (standing) and its infamous 2007GHG ruling
that permitted federal regula-tion of carbon dioxide. MSLF argues
that,in four specific ways, the 2007 GHG rulingconflicts with the
Courts well-known1992 ruling on standing and therebyopens the
floodgates to federal litigationcontrary to the Constitution.
In July 2004, eight States, New YorkCity, and others sued
various powerplants alleging that their carbon dioxideemissions
have caused environmentaldegradation, economic injury, and
harm.Using the federal common law of nui-
sance and state nuisance law, the Statesdemanded that the
companies cap andthen reduce their car-bon dioxide emissions.In
September 2005, afederal district court inNew York dismissedthe
lawsuit as non-jus-ticiable under the polit-ical question
doctrine.In September 2009, theU.S. Court of Appealsfor the Second
Circuitreversed, holding thatthe political questiondoctrine did not
barcourt review, that allplaintiffs had standing,and that the
claims werepermitted under federal common law.
New Mexico Federal District CourtOn behalf of the
Independent
Petroleum Association of New Mexico(IPANM), MSLF urged a New
Mexicofederal district court to dismiss lawsuitsby environmental
groups that challenge
126 federal oil and gas leases issued inNew Mexico in 2008. The
IPANM was
allowed to intervene in thecase because its members whowon the
Bureau of LandManagement (BLM) leases willbe affected adversely if
thecourt grants the relief soughtby the groups, which is thevoiding
of all of the BLM leas-es. The groups claim the BLMhad a duty to
investigate howthe leases will impact climatechange and ozone
levels in theregion. MSLF argues the BLMfulfilled all its legal
responsibil-ities and the groups are notentitled to the relief they
seek.
In March 2008, environ-mental groups protested the
BLMs New Mexico oil and gas lease saleof April 2008. In July
2008, the BLM dis-missed the groups protest.
In January and April 2009, the groupssued the BLM and Forest
Service allegingthat they had violated various federal lawsby
approving federal oil and gas leasing inNew Mexico.
MSLF BATTLES ENVIROS LEGAL ABUSE OF CLIMATE HYSTERIA!
The United States government willpay a South Dakota couple
nearly a quar-ter of a million dollars to settle the cou-ples
lawsuit against the U.S. ForestService for the destruction of their
prop-erty. Arron and JudyMarston, who ownthree valuable min-ing
claims in CusterCounty, SouthDakota, in the BlackHills, sued under
theFederal Tort ClaimsAct (FTCA), whichwaives federal sover-eign
immunity forcivil wrongs by fed-eral agents. In July2008, the
Marstons alleged that ForestService employees or their agents
enteredupon the Marstons claims, bulldozed theshaft and trenches,
engaged in unlawfultrespass, negligently destroyed property,
and committed a nuisance, under SouthDakota law.
On May 9, 2005, the Forest Servicewrote to Mr. Marston
soliciting com-ments about installing a gate on the
mines adit. Thenext day, theMarstons contactedthe Forest
Service;both parties agreeda gate would not beinstalled. OnAugust
2, 2006,without advisingthe Marstons, theForest Service bull-dozed
the shaft andtrenches on the
Marstons claims. On October 25, 2006,the Forest Service
installed a locked gateon the adit. In May of 2007, Mr.
Marstondiscovered the damage done by theForest Service.
Edvard Munch The Scream
U.S. Forest Service filled Arron Marstons 70 foot shaft
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Page SevenTheLitigator
Thanks for ALL you do.Captain John H. ShoreEaston, MD
I applaud your work and its excel-lence. Keep up the
fight.Terrance L. Ryan, Esq.Ft. Collins, CO
I enjoy your news. Please continue.Thank you.Ruth M. LundOmaha,
NE
NOTABLE
QUOTES
LEGAL
ACTION
n A lawsuit by California minersdenied the property rights to
whichthe law entitled them was dismissedby a federal court; MSLF
has filed anamended complaint and reinstitutedthe challenge to the
federal govern-ments illegal slight of hand.
n On behalf of the nations oldest familyowned oil company and
the Pennsyl-vania Oil and Gas Association(POGAM), MSLF filed its
brief withthe U.S. Court of Appeals for the ThirdCircuit. MSLF is
seeking to sustain itsDecember 2009 victory over theObama
Administration and threeenvironmental groups.
n The challenge filed by three Alaskaminers whose valuable
miningclaims were illegally declared nulland void by a federal
agency wasdismissed by an agency appealsboard; the miners are now
free to filein federal district court.
n A Montana federal court set asidethe decision by the U.S. Fish
&Wildlife Service to remove wolvesimported into Idaho and
Montanafrom Canada from the EndangeredSpecies Act; MSLF supported
the de-listing on behalf of livestock groups.
n The U.S. Court of Appeals for theNinth Circuit barred
implementationof a forest health project in Montanabecause the U.S.
Forest Service didnot provide for sufficient elk cover.
n Nevada has agreed not to enforce itsban on guns in state parks
while itreviews whether the ban violated theSecond Amendment; MSLF
repre-sents an Idaho resident who chal-lenged the law.
n MSLFs brief was before the U.S.Court of Appeals for the Fifth
Circuitwhen it heard arguments onwhether the University of Texas
Austin violated the equal protectionguarantee when it failed to
admittwo co-eds pursuant to theUniversitys racial preference
policy.
n The Navajo Supreme Court ruledthat a tribal court has
jurisdictionover non-Indians for alleged tortiousconduct on the
Navajo Nation; thecourt rejected arguments made in afriend of the
court brief by MSLF fortheir dangerous logic.
n On behalf of local governments andranchers, MSLF entered a
lawsuitfiled by environmental groups chal-lenging the management
plan for aMontana monument; MSLF arguesthat the plan recognized
valid exist-ing rights and pre-existing uses.
n A Colorado couple and a national gunrights group sued the U.S.
PostalService over its ban on firearms.
Keep up the good work.Judy L. OakesBeaverton, OR
I am especially interested in [Mishagav. Monken] as I have
relatives in Illinois andit would be nice to be able to protect
myself.John RichardsonWaynesville, NC
You are doing a good job with posi-tive results.Lane
ThompsonWeiser, ID
Great workkeep it up.Terry JacobsDelmont, PA
Thanks for your good work in pro-tecting the people of the USA.
I cannotthink of a time when the people neededyour help more.Jane
MauchRussellville, AR
I dont like what I see in the UnitedStates Government
today.Russell C. FriendClovis, CA
Thanks for [MSLFs NationwideFight for Gun Rights], keep it
coming.Barry A. GoldsmithGreeley, CO
Thanks for the work youre doing.Jonathan V. Wright, M.D.Auburn,
WA
Keep up the good work!Steve and Marty GoseRoberts, MT
May God bless you all.Stephen J. BoudreauHamburg, PA
Evil never gives up.Phyllis LlewellynLa Grange, IL
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At the request of Governor Jan Brewer of Arizona, MSLFfiled a
hard-hitting legal brief before the U.S. Court of Appealsfor the
Ninth Circuit arguing that an Arizona fed-eral district courts
ruling striking down por-tions of S.B. 1070, Arizonas illegal
immigra-tion law, was in error and must be reversed.After the Obama
Administration suedArizona on July 6, 2010, the district
courtagreed with federal lawyers and ruled, onJuly 28, 2010, that
the Arizona law conflict-ed with federal law and was preempted.
MSLF took particular aim at theObama Administrations winning
argu-ment that, in deciding whether theArizona law violates the
SupremacyClausewhich requires preemption of a state lawthat
conflicts with federal lawthe question is not doesArizonas law
conflict with federal law, but is it consistentwith White House
policy, including Obamas foreign relations []and humanitarian
concerns .
On July 29, Arizona and Governor Brewer appealed to theNinth
Circuit. On July 30, the Ninth Circuit denied Arizona andGovernor
Brewers motion for an expedited briefing and placedthe case on its
November 2010 calendar. After the Ninth Circuitrules, the case will
return to Arizona federal district court.
Meanwhile, public support for the right of Arizona torespond to
the crime, chaos, and cost of unrestrained illegal
immigration and the refusal of the federal government to
pro-tect the Nations southern border grew like Topsy.According to a
Rasmussen Reports national tele-phone survey conducted after the
Obama Admin-istration filed its lawsuit, 61 percent favor the
Arizonalaw for their states and 56 percent oppose the
federallawsuit.
Nonetheless, days before final briefs were filedat the Ninth
Circuit, the U.S. State Department calledArizona [one] of the areas
where [human rights]problems persist in our society. The State
Depart-ments inclusion of Arizonas immigration law in itsUniversal
Periodic Review, which accompanied its2009 Human Rights Report,
means S.B. 1070 will be scru-tinized by the U.N.s High Commissioner
for HumanRights and the Council on Human Rights, a process
described by one expert as being barbecued.U.N. Secretary
General Ban Ki-moon lauded the process
Arizona will undergo at the request of the State Department
ashaving "great potential to promote and protect human rights in
thedarkest corners of the world. Governor Brewer expressed out-rage
that the State Department believes Arizona to be one of thedarkest
corners of the world and worthy of UN condemnation.
MOUNTAINSTATESLEGALFOUNDATION
2596 South Lewis WayLakewood, Colorado 80227ADDRESS SERVICE
REQUESTED
Non Profit OrganizationU.S. Postage
PAIDDenver, CO
Permit No. 847
MSLF DEFENDS GOVERNOR JAN BREWER AND ARIZONA LAW!
PRESIDENT AND CHIEF OPERATING OFFICERWilliam Perry PendleyVICE
PRESIDENT AND CHIEF LEGAL OFFICERSteven J. LechnerVICE
PRESIDENTADMINISTRATIONJanice K. AlvaradoEXECUTIVE COMMITTEE
Stephen M. Brophy, AZ: ChairmanJohn R. Gibson, UT: Vice
ChairmanPeter K. Ellison, UT; TreasurerJames V. Taranik, NV;
SecretaryJohn J. Blomstrom, WYKaren Kennedy, WYRon Krump, NVL.
Jerald Sheffels, WADon Sparks, TX
