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Ks-Ag-21-0185
February 8, 2021 VIA FACSIMILE Assistant Attorney General Philip Michael Kansas Attorney General’s Office Memorial Hall 120 SW 10th Street, 2nd Floor Topeka, KS 66612-1597 Fax: (785) 296-6296 Re: Kansas Open Records Act Request Dear Assistant Attorney General Michael: Pursuant to the Kansas Open Records Act (KORA), Kan. Stat. §§ 45-215 et seq., American Oversight makes the following request for records. In early December 2020, Texas Attorney General Ken Paxton filed a lawsuit seeking to block various states from casting “unlawful and constitutionally tainted votes” in the Electoral College.1 Seventeen additional states, including Kansas, filed motions backing Texas’s efforts.2 Later public reporting indicated that in the days leading up to Texas’s filing, a group of Republican state attorneys general solicited U.S. Justice Department support from then-Attorney General William Barr. Accordingly, American Oversight seeks records concerning any attempts to petition the U.S. Department of Justice to support efforts to overturn election results. Requested Records American Oversight requests that the Kansas Attorney General’s Office produce the following records within three business days: 1. All email communications (including emails, email attachments, calendar invitations, and calendar attachments) between (a) any of the Kansas Attorney General’s Office officials listed in Column A, below, and (b) any of the external parties listed in Column B, below. 1 Emma Platoff, In New Lawsuit, Texas Contests Election Results in Georgia, Wisconsin, Michigan, Pennsylvania, Tex. Tribune, Dec. 8, 2020, https://www.texastribune.org/2020/12/08/texas-ken-paxton-election-georgia/. 2 Todd J. Gillman, 17 States and Trump Join Texas Request for Supreme Court to Overturn Biden Wins in Four States, Dallas Morning News (Dec. -
April 26, 2021 the Honorable Dick
April 26, 2021 The Honorable Dick Durbin The Honorable Chuck Grassley Chair Ranking Member Senate Judiciary Committee Senate Judiciary Committee 711 Hart Senate Building 135 Hart Senate Office Building Washington, DC 20510 Washington, DC 20510 The Honorable Jerrold Nadler The Honorable Jim Jordan Chair Ranking Member House Judiciary Committee House Judiciary Committee 2138 Rayburn Building 2142 Rayburn Building Washington, DC 20515 Washington, DC 20515 The Honorable Sheila Jackson Lee The Honorable Andy Biggs Chair Ranking Member Subcommittee on Subcommittee on Crime, Terrorism, and Homeland Crime, Terrorism, and Homeland Security Security 2138 Rayburn Building 2142 Rayburn Building Washington, DC 20515 Washington, DC 20515 Dear Chair Durbin, Ranking Member Grassley, Chair Nadler, and Ranking Member Jordan: We, the undersigned attorneys general, strongly urge you to pass the EAGLES Act, which reauthorizes and expands the work of the Secret Service’s National Threat Assessment Center (NTAC) to provide research-based threat assessment training. The EAGLES Act was introduced after the mass shooting at the Marjory Stoneman Douglas High School in Parkland, Florida and establishes a national program to prevent targeted school violence by facilitating evidence-based collaboration between state and federal agencies. The Act’s safe school initiative contains research and training components, allows dissemination of evidence-based practices, and authorizes NTAC to consult with state and local educational, law enforcement, and mental health officials to develop research and training. It is unfortunate we have to turn to the threat assessment expertise of the Secret Service in order to keep educators and students safe at school, but gun violence in schools has become all too commonplace. -
1 in the United States District Court for the District Of
Case 3:21-cv-03009-RAL Document 47 Filed 05/21/21 Page 1 of 3 PageID #: 950 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION GOVERNOR KRISTI NOEM, in her ) official capacity as the Governor of ) South Dakota, et al., ) ) Plaintiffs, ) ) v. ) Case No. 3:21-cv-03009 ) DEB HAALAND, in her official capacity ) as United States Secretary of the ) Interior, et al., ) ) Defendants. ) ) MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS The States of Kansas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, Texas, and West Virginia move for leave to file the attached amicus brief in support of Plaintiffs. “A district court has inherent authority to allow amicus curiae to participate in proceedings.” Avellino v. Herron, 991 F. Supp. 730, 732 (E.D. Pa. 1998). The proposed amici have an interest in the outcome of this case because their citizens may wish to attend the Mount Rushmore fireworks display or view it on television. The States also have an interest in ensuring that the Department of Interior, which manages land within the States, makes reasoned permitting decisions, unlike the 1 Case 3:21-cv-03009-RAL Document 47 Filed 05/21/21 Page 2 of 3 PageID #: 951 arbitrary and capricious decision at issue here. Given these interests, the States respectfully request this Court grant them leave to file the attached amicus brief. Respectfully submitted, /s/ James E. Moore James E. Moore DEREK SCHMIDT Woods, Fuller, Shultz & Smith P.C. Kansas Attorney General 300 S. -
September 2, 2021
September 2, 2021 The Honorable Chuck Schumer The Honorable Mitch McConnell Senate Majority Leader Senate Minority Leader 322 Hart Senate Office Building 317 Russell Senate Office Building United States Senate United States Senate Washington, D.C. 20510 Washington, D.C. 20510 The Honorable Nancy Pelosi The Honorable Kevin McCarthy 1236 Longworth House Office Building 2468 Rayburn House Office Building Washington, DC 20515 Washington, DC 20515 Dear Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy, As our jurisdictions’ Attorneys General, we are responsible for protecting the health, safety, and well-being of our residents. Although our jurisdictions vary in size, geography, and political composition, we are united in our commitment to an effective criminal justice system that safeguards the communities of our states. To that end, a bipartisan coalition of Attorneys General supported the passage of the First Step Act of 2018—landmark legislation that brought common sense improvements to myriad aspects of the criminal justice system. Central to these reforms was retroactive relief for individuals sentenced under the discredited 100-to-1 crack-to-powder cocaine ratio that Congress abolished in 2010. Following the Supreme Court’s recent opinion in Terry v. United States, however, the lowest level crack cocaine offenders remain categorically ineligible for resentencing. We write today to urge Congress to amend the First Step Act, and to clarify that its retroactive relief applies to all individuals sentenced under the prior regime. Congress enacted the historic First Step Act of 2018 to modernize the criminal justice system, implementing comprehensive reform in areas such as corrections, criminal charging, community re-entry, and beyond. -
No. 21-2542 in the UNITED STATES COURT of APPEALS for THE
No. 21-2542 IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT KRISTI NOEM, in her official capacity as the Governor of South Dakota, et al., Plaintiffs-Appellants, v. DEB HAALAND, in her official capacity as United States Secretary of the Interior, et al. Defendants-Appellees. On Appeal from the United States District Court for the District of South Dakota (No. 21-CV-3009-RAL) Honorable Roberto A. Lange, United States District Judge AMICUS BRIEF OF KANSAS, ALABAMA, ARIZONA, ARKANSAS, INDIANA, LOUISIANA, MISSISSIPPI, MISSOURI, MONTANA, NEBRASKA, OHIO, OKLAHOMA, SOUTH CAROLINA, TENNESSEE, TEXAS, AND WEST VIRGINIA IN SUPPORT OF GOVERNOR NOEM AND REVERSAL DEREK SCHMIDT KANSAS ATTORNEY GENERAL 120 SW 10th Ave., 2nd Floor Brant M. Laue Topeka, KS 66612-1597 Solicitor General (785) 296-2215 Dwight R. Carswell [email protected] Deputy Solicitor General [email protected] Kurtis K. Wiard [email protected] Assistant Solicitor General Appellate Case: 21-2542 Page: 1 Date Filed: 09/01/2021 Entry ID: 5071917 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................................................... ii INTEREST OF AMICI CURIAE ........................................................... 1 ARGUMENT ............................................................................................ 2 I. There is a strong public interest in holding a Fourth of July fireworks display at Mount Rushmore. ...................... 2 II. The Department of Interior’s flimsy and unsupported rationale for refusing to allow a fireworks display was arbitrary and capricious. ....................................................... 4 CONCLUSION ......................................................................................... 9 CERTIFICATE OF COMPLIANCE .................................................... 11 CERTIFICATE OF SERVICE ............................................................. 11 i Appellate Case: 21-2542 Page: 2 Date Filed: 09/01/2021 Entry ID: 5071917 TABLE OF AUTHORITIES Cases Motor Vehicle Mfrs. Ass’n of U.S., Inc. -
January 12, 2021 the Honorable Jeffrey A. Rosen Acting Attorney
January 12, 2021 The Honorable Jeffrey A. Rosen Acting Attorney General U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, DC 20530 Dear Acting Attorney General Rosen: We, the undersigned state attorneys general, are committed to the protection of public safety, the rule of law, and the U.S. Constitution. We are appalled that on January 6, 2021, rioters invaded the U.S. Capitol, defaced the building, and engaged in a range of criminal conduct—including unlawful entry, theft, destruction of U.S. government property, and assault. Worst of all, the riot resulted in the deaths of individuals, including a U.S. Capitol Police officer, and others were physically injured. Beyond these harms, the rioters’ actions temporarily paused government business of the most sacred sort in our system—certifying the result of a presidential election. We all just witnessed a very dark day in America. The events of January 6 represent a direct, physical challenge to the rule of law and our democratic republic itself. Together, we will continue to do our part to repair the damage done to institutions and build a more perfect union. As Americans, and those charged with enforcing the law, we must come together to condemn lawless violence, making clear that such actions will not be allowed to go unchecked. Thank you for your consideration of and work on this crucial priority. Sincerely Phil Weiser Karl A. Racine Colorado Attorney General District of Columbia Attorney General Lawrence Wasden Douglas Peterson Idaho Attorney General Nebraska Attorney General Steve Marshall Clyde “Ed” Sniffen, Jr. Alabama Attorney General Acting Alaska Attorney General Mark Brnovich Leslie Rutledge Arizona Attorney General Arkansas Attorney General Xavier Becerra William Tong California Attorney General Connecticut Attorney General Kathleen Jennings Ashley Moody Delaware Attorney General Florida Attorney General Christopher M. -
Hawaii Continues Fight to Protect the Affordable Care Act
DEPARTMENT OF THE ATTORNEY GENERAL DAVID Y. IGE GOVERNOR CLARE E. CONNORS ATTORNEY GENERAL For Immediate Release News Release 2019-26 May 23, 2019 Hawaii Continues Fight to Protect the Affordable Care Act Attorney General Joins Coalition of 21 Attorneys General Challenging Plaintiffs’ Lack of Standing in Texas v. US HONOLULU – Attorney General Clare E. Connors, joined a coalition led by Attorney General Becerra of 20 states and the District of Columbia, in filing a response in Texas v. U.S., defending the Affordable Care Act (ACA) and the healthcare of tens of millions of Americans. The brief, filed in the U.S. Court of Appeals for the Fifth Circuit on Wednesday, argues that every provision of the ACA remains valid. It further argues that the position taken by the Trump Administration and the Texas-led coalition is legally incorrect and dangerous to our healthcare system. "This is another important step in our ongoing efforts to ensure affordable health care for Hawaii residents and millions of other Americans," Attorney General Connors said. The plaintiffs, two individuals and 18 States led by Texas, filed this lawsuit in February 2018, challenging one provision of the Affordable Care Act—the requirement that individuals maintain health insurance or pay a tax. Texas’ lawsuit came after Congress reduced that tax to zero dollars in December 2017. Opponents of the ACA had attempted and failed to repeal the ACA over 70 times since its instatement. The plaintiffs argued that this reduction in the tax made the minimum coverage provision unconstitutional. They further argued that this provision could not be “severed” from the rest of the ACA, meaning that the entire Act must be struck down. -
20200721 COVID Scams U.S. Senate
“Protecting America from COVID-19 Scams” Presented to the U.S. Senate Committee on Commerce, Science and Transportation Subcommittee on Manufacturing, Trade and Consumer Protection By Kansas Attorney General Derek Schmidt July 21, 2020 Chairman Moran, Ranking Minority Member Blumenthal, and Members of the Committee: Thank you for the opportunity to present this testimony as the committee discusses the unfortunate reality that scam artists are exploiting this global pandemic in attempts to profit unlawfully. I appreciate the invitation to offer the perspective of a state attorney general’s office and share the types of scams that are being reported to our office, the ways our office is responding and the cooperative work we have engaged in with federal partners. Expectations and Preparations While none of us has experienced a global pandemic on the scale of COVID-19, our office has had plenty of experience dealing with more localized disasters, such as tornadoes and floods. We know from that experience that scam artists often take advantage of those situations to prey on people during a time of distress and disruption. We expected COVID-19 would be no different. On March 12, our office issued the first consumer alert advising Kansans to keep up their guard and watch out for COVID-19-related scams, such as bogus products advertised as coronavirus prevention measures or treatments as well as bogus charities purporting to raise money for coronavirus research or to support coronavirus patients. Later that same day, the governor of Kansas declared a state of emergency related to COVID-19, which triggered the Kansas price-gouging statute within the Kansas Consumer Protection Act. -
Wedded to Wasting Time
VIEW FROM THE HILL Wedded to wasting time Is legislative action needed to protect clergy from same- sex nuptials? Experts say no. REALTY CHECK Sliding into P3 a new home If real estate deals had DAVIDSONLedger • WILLIAMSON • SUMNER • CHEATHAM • RUTHERFORD WILSON ROBERTSON • MAURY • DICKSON • MONTGOMERYumpires, • KNOX • ANDERSONthere might •BLOUNT be fewer•SEVIER brushbacks and balks. P3 25 years after hitting rock bottom, July 10 – 16, 2015 The power of information.NASHVILLE Vol. 41 EDITION | a new Nashville has emerged Issue 28 www.TNLedger.com Stories by | FORMERLY WESTVIEW SINCE 1978 Tim Ghianni begin on page 2 Page 13 Dec.: Nashville Public Library, Dec.: Keith Turner, Ratliff, Jeanan Mills Stuart, Resp.: Kimberly Dawn Wallace, Atty: Sheriff FateSpecial Thomas Collections Mary C Lagrone, 08/24/2010, 10P1318 In re: Jeanan Mills Stuart, Princess Angela Gates, Jeanan Mills Stuart, Princess Angela Gates,Dec.: Resp.: Kim Prince Patrick, Angelo Terry Patrick, pleaded guilty to mail Gates, Atty: Monica D Edwards, 08/25/2010, 10P1326 fraud, theft of In re: Keith Turner, TN Dept Of Correction, www.westviewonline.com TN Dept Of Correction, Resp.: Johnny Moore,Dec.: Melinda Atty: Bryce L Tomlinson, Coatney, Resp.: government property Pltf(s): Rodney A Hall, Pltf Atty(s): n/a, 08/27/2010, 10P1336 In re: Kim Patrick, Terry Patrick, Pltf(s): Sandra Heavilon, Resp.: Jewell Tinnon, Atty: Ronald Andre Stewart, 08/24/2010,Dec.: Seton Corp and tax conspiracy on 10P1322 Insurance Company, Dec.: Regions Bank, Resp.: Leigh A Collins, In re: Melinda L Tomlinson, -
June 29, 2017 the Honorable Jeff Sessions Attorney General of The
June 29, 2017 The Honorable Jeff Sessions Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, D.C. 20530-0001 Re: Texas, et al. v. United States, et al., No. 1:14-cv-00254 (S.D. Tex.) Dear Attorney General Sessions: The State plaintiffs that successfully challenged the Obama Administration’s DAPA and Expanded DACA programs commend the Secretary of Homeland Security for issuing his June 15, 2017 memorandum rescinding, in large part, his predecessor’s November 20, 2014 memorandum creating those DAPA and Expanded DACA programs. As you know, this November 20, 2014 memorandum creating DAPA and Expanded DACA would have granted eligibility for lawful presence and work authorization to over four million unlawfully present aliens. Courts blocked DAPA and Expanded DACA from going into effect, holding that the Executive Branch does not have the unilateral power to confer lawful presence and work authorization on unlawfully present aliens simply because the Executive chooses not to remove them. Rather, “[i]n specific and detailed provisions, the [Immigration and Nationality Act] expressly and carefully provides legal designations allowing defined classes of aliens to be lawfully present.” Texas v. United States, 809 F.3d 134, 179 (5th Cir. 2015), aff’d by an equally divided court, 136 S. Ct. 2271 (2016) (per curiam). “Entirely absent from those specific classes is the group of 4.3 million illegal aliens who would be eligible for lawful presence under DAPA.” Id. Likewise, “[t]he INA also specifies classes of aliens eligible and ineligible for work authorization . with no mention of the class of persons whom DAPA would make eligible for work authorization.” Id. -
Lawsuit Challenges a Tennessee Law, the “Tennessee Accommodations for All
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE x A.S., a minor, by his next friends AMY A., mother, and JEFF S., father; and A.B., a minor, by her next friends JULIE B., mother, and ROSS B., father, Plaintiffs, v. BILL LEE, in his official capacity as Governor of Civil No. ________ Tennessee; HERBERT SLATERY III, in his official capacity as Attorney General of Tennessee; WILSON COUNTY BOARD OF EDUCATION; JEFF LUTTRELL, in his official capacity as Director of the Wilson County Schools; and DOES 1–10, Defendants. x COMPLAINT Plaintiffs A.S., a minor, by his next friends Amy A., mother, and Jeff S., father, and A.B., a minor, by her next friends Julie B., mother, and Ross B., father, by and through their undersigned counsel, file this Complaint against Bill Lee, in his official Capacity as Governor of Tennessee; Herbert Slatery III, in his official capacity as Attorney General of Tennessee; the Wilson County Board of Education; Jeff Luttrell, in his official capacity as Director of the Wilson County Schools; and DOES 1 through 10 (collectively, the “Defendants”) as follows: INTRODUCTION 1. This lawsuit challenges a Tennessee law, the “Tennessee Accommodations for All Children Act,” 2021 Tenn. Pub. Ch. 452 (the “School Facilities Law” or “Law” or “TAACA”), which bans transgender public school students from accessing restrooms and other facilities consistent with their gender identity. A true and correct copy of the School Facilities Law is attached hereto as Exhibit A. By singling out transgender students for disfavored treatment and explicitly writing discrimination against transgender people into State law, the School Facilities Law violates the most basic guarantees of equal protection under the U.S. -
Amicus and the Judiciary
501756 AMICUS Cover:501756 AMICUS Cover 5/5/08 1:34 PM Page 1 Amicus UNIVERSITY OF COLORADO LAW SCHOOL VOLUME XXIV, NUMBER 1, SPRING 2008 Law and the Judiciary 501756 AMICUS Cover:501756 AMICUS Cover 5/5/08 1:34 PM Page 2 Byron R. White Center, 15th Ira C. Rothgerber, Jr. Conference: “Reapportioning Colorado” in the Old Supreme Court Chambers at the Colorado State Capitol. AMICUS is produced by the University of Colorado Law School in conjunction with the Office of Publications and Creative Services. Electronic copies of AMICUS are available at www.colorado.edu/law/alumdev. Inquiries regarding content contained herein may be addressed to: Elisa Dalton Director of Communications and Alumni Relations Colorado Law School 401 UCB Boulder, CO 80309 [email protected] Writing and editing: Jon Leslie, Elisa Dalton, Thomas Ley Design and production: Mike Campbell Photography: Casey A. Cass, Elisa Dalton, Patrick Campbell, Andi Fabri, Glenn Asakawa Project management: Kimberly Warner The University of Colorado does not discriminate on the basis of race, color, national ori- gin, sex, age, disability, creed, religion, sexual orientation, or veteran status in admission and access to, and treatment and employment in, its educational programs and activities. D Printed on recycled paper. 501756 AMICUS:501756 AMICUS 5/2/08 11:44 AM Page 1 Amicus UNIVERSITY OF COLORADO LAW SCHOOL VOLUME XXIV, NUMBER 1, SPRING 2008 Contents From the Dean Celebrating the Judiciary 2 Law and the Judiciary Q&A with Colorado Law Alumni Judges 4 Federal Court Judges