James Henderson Law Office

Noteworthy Cases

 

Emily Echols v. FEC.  Supreme Court 2003.  Bipartisan Campaign Reform Act of 2002 ban on campaign contributions by minors held unconstitutional.  In the Echols case, I served as lead counsel in the three judge district court, drafted all documents including trial brief, and successfully argued the case, resulting in a judgment favoring my clients.  At the Supreme Court, I served as co-counsel, drafting our Motion for Summary Affirmance, our Merits Brief and Reply Brief,

 

Leila Jeanne Hill v. Colorado. Supreme Court 2000.  State statute restricting speech at health care facilities held constitutional.  In Hill, I served as lead counsel in Jefferson County District Court, the Colorado Court of Appeals and the Colorado Supreme Court, drafting all documents, including discovery devices, summary judgment briefing, and appellate briefs, and successful first and second round Petitions for review at the Supreme Court, as well as the Merits Brief and Reply Brief.

 

Lamb's Chapel v. Center Moriches Union Free School District. Supreme Court 1993. School district exclusion of church from using school facility after hours because  of its religious content violated First Amendment.  I served as co-counsel in the US Supreme Court. 

 

Jayne Bray v. Alexandria Women's Health Clinic. Supreme Court 1993.  Ku Klux Klan Act of 1871 does not apply to nonviolent clinic blockades at abortion businesses.  I served as lead counsel in the trial court, drafting all documents there.  I served as co-counsel in the US Supreme Court.

 

Evergreen Association v. City of New York. Southern District of New York and US Court of Appeals for the Second Circuit.  City of New York preliminarily enjoined from enforcing speech restrictions against crisis pregnancy.  I served as lead counsel in the District Court and the US Court of Appeals, supervised the litigation team in both courts, drafted and supervised the drafting of briefs in both courts. In the District Court I successfully argued for a preliminary injunction against the City of New York, and in the Second Circuit I argued to affirm that injunction. 

 

Reverend Patrick Mahoney v. Babbitt. US Court of Appeals for the District of Columbia Circuit 1997.  Emergency injunction granted barring National Park Service from carrying out threatened arrest of protestors criticizing newly re-inaugurated President.  I served as lead counsel in District Court and US Court of Appeals, drafting all documents in both courts and successfully argued the case.

 

Ex Parte: Reverend Keith Tucci. Texas Supreme Court 1992. Seven ministers that protested an injunction preventing prayer on public sidewalk were arrested when they violated the injunction; Texas Supreme Court ordered ministers released on habeas.  I served as co-counsel in Texas Court of Appeals and Texas Supreme Court, and drafted the Petitions for Writ of Habeas Corpus resulting in release of the ministers.

 

Jews for Jesus and Steve Silverstein v. Massachusetts Bay Transportation Authority. US Court of Appeals for the First Circuit and US District Court for Massachusetts.  Complete ban on distribution of free literature on subway and train station platforms held unconstitutional.  I served as lead counsel in the District Court and the First Circuit Court of Appeals, drafted all documents, conducted the trial and successfully argued in defense of the trial court decision before the Court of Appeals.

 

Augustine David Henderson v. Lujan. US Court of Appeals for the DC Circuit 1992.  Injunction barring enforcement of ban on free distribution of literature on public sidewalk in public park affirmed.  In this case, I served as lead counsel in US Court of Appeals, drafted the Merits Brief and successfully defended the trial court ruling at the DC Circuit.

 

Reverend Pierre Bynum v. U.S. Capitol Police Board.  District Court for the District of Columbia 2000.  Regulation restricting demonstrations in US Capitol wrongly applied to prayer in the Capitol building.  I served as lead counsel, drafted all documents and successfully argued the preliminary injunction motion.

 

Reverend Patrick Mahoney and Christian Defense Coalition v. District of Columbia. US District Court for the District of Columbia 1990.  Emergency ordinance restricting picketing and demonstrating on public ways near medical facilities in the City of Washington enjoined.  I served as lead counsel, drafted all documents and successfully argued the preliminary injunction motion.