Appellate Briefs And Opinions

Freedom of Access to Clinic Entrances Act

United States v. Dillard (10th Cir.) - Appellant/Cross-Appellee
- The district court incorrectly applied the test for a true threat
- The district court applied the wrong legal standard in requiring that the threatened violence be imminent and unconditional
- The district court misapplied the requirement to the facts of this case, i.e., a reasonable person could read the letter to suggest that Dillard would be a participant in the threatened violence and that the letter was not just a prediction of harm at the hands of others
Document Date
Court of Appeals Decision, reported at 795 F.3d 1191 07/28/15
Reply/Cross-Appellee Brief (Under Seal) 08/01/14
Brief as Appellant/Cross-Appellee 04/02/14

McCullen v. Coakley (S. Ct.) - Amicus
- The Massachusetts statute that creates 35-foot buffer zones around reproductive health care facilities' entrances and driveways is neutral as to both content and viewpoint, and it survives intermediate scrutiny
Document Date
Supreme Court Decision, reported at 134 S. Ct. 2518 06/26/14
Brief as Amicus 11/22/13

United States v. Alaw (D.C. Cir.) -- Appellee
- Whether the district court erred in finding that Defendants were sufficiently likely to violate the Freedom of Access to Clinic Entrances Act, 18 U.S.C. 248 (Access Act), in the future to warrant issuing an injunction
- Whether injunctive relief under the Access Act must be predicated upon pervasive, egregious, unlawful conduct
- Whether injunctive relief is prohibited if civil penalties are available to deter future illegal conduct
- Whether the injunction issued on remand violates the First Amendment because it prohibits otherwise lawful expressive conduct
- Whether the district court was required by the First Amendment to prohibit only acts committed with the mens rea necessary to prove a violation of the Access Act
- Whether the injunction is unconstitutionally overbroad because it is not tailored to each covered facility
- Whether the injunction is unconstitutional because it does not permit Defendants to sit, stand or kneel alone in front of the entrances of covered facilities
Document Date
Court of Appeals Decision, reported at 327 F.3d 1217 05/06/03
Brief as Appellee 10/22/02

United States v. Alaw (D.C. Cir.) -- Appellee
- Defendants' conduct violated the Freedom of Access to Clinic Entrances Act
- Injunction issued to enforce FACE does not violate the First Amendment
Document Date
Court of Appeals Decision, reported at 247 F.3d 279 05/01/01
Brief as Appellee [HTML] [PDF] 11/27/00

United States v. Gregg (3d Cir.) -- Appellant/cross-appellee

Defendants are individually, not jointly and severally, liable under the Freedom of Access to Clinic Entrances Act for statutory damages of $5,000 per violation
FACE is a valid exercise of the Commerce Clause
FACE does not violate the First Amendment
FACE is not vague or overbroad

Document	Date
Certiorari Denied, reported at 532 U.S. 971	04/15/01
Opposition to Petition for Writ of Certiorari	03/12/01
Court of Appeals Decision, reported at 226 F.3d 253	09/07/00
Reply Brief [HTML] [PDF]	12/13/99
Brief as Appellant/Cross-Appellee [HTML][PDF]	10/06/99

United States v. Hart (8th Cir.) -- Appellee

FACE is a valid exercise of the Commerce Clause
FACE does not violate the First Amendment
FACE is not vague or overbroad
Parking rental trucks at the entrance of abortion clinics could constitute a "threat of force," in violation of FACE

Document	Date
Certiorari Denied, reported at 531 U.S. 1114	01/16/01
Opposition to Petition for Writ of Certiorari	12/13/00
Petition for Rehearing En Banc Denied	06/16/00
Brief Opposing Petition for Rehearing En Banc [HTML] [PDF]	05/31/00
Court of Appeals Decision, reported at 212 F.3d 1067	05/01/00
Brief as Appellee [HTML] [PDF]	06/19/99

Updated November 12, 2015

Document	Date
Court of Appeals Decision, reported at 795 F.3d 1191	07/28/15
Reply/Cross-Appellee Brief (Under Seal)	08/01/14
Brief as Appellant/Cross-Appellee	04/02/14

Document	Date
Supreme Court Decision, reported at 134 S. Ct. 2518	06/26/14
Brief as Amicus	11/22/13

Document	Date
Court of Appeals Decision, reported at 327 F.3d 1217	05/06/03
Brief as Appellee	10/22/02