RE: National School Boards Association (NSBA)


Noteworthy legal happenings that impact
our nation’s founding principles and your liberty.

September 9, 2023


Here are a few important items of interest we want to share with you:

    1. Landmark fights back against incoming wealth tax. This week we filed a brief in Moore v. United States. We think this could be one of the most important cases of the upcoming Supreme Court term. The Court is reviewing a decision by the Ninth Circuit that classified unrealized gains as income. This disastrous decision opened the door for socialistic wealth taxes proposed by Bernie Sanders and Elizabeth Warren. These schemes will punish Americans for responsibly saving money and creating wealth. Earlier this year, we urged the Supreme Court to hear this case and are pleased to see them consider it. The case is moving to the merits stage and we will keep you updated as it progresses. You can learn more here.
    2. Back to school. As students across the country return to school this fall, Randi Weingarten is still trying to convince the public that her teachers union, the AFT, fought to keep schools open during Covid. She’s not telling the truth! Thanks to school lockdowns, test scores plummeted across the county and we witnessed an unprecedented student mental health crisis. This devastation illustrates the consequences of a teachers union focused on politics and power rather than education. We are continuing our investigation into AFT’s unreported political activity and will be announcing more findings soon. In the meantime, you can check out a summary of their unreported political activities here 
    3. Does the 14th Amendment disqualify Trump from the Presidency? Mike O’Neill, our Vice-President of Legal Affairs, hosted the Lou Desmond show Wednesday evening on KMET in California. Among other topics, he discussed leftist attempts to use the 14th Amendment to keep President Trump off the ballot in 2024. A group in Colorado recently filed a lawsuit contending that Trump’s role in the January 6th protests disqualifies him from appearing on the ballot. Mike evaluated the flawed legal theory behind this move and considered the likely results if it gets traction. You can listen to the whole show here.
    4. Critical Supreme Court term starts next month. In October, the U.S. Supreme Court will convene their 2023-24 term. In addition to Moore v. United States, Landmark has filed briefs in two additional important cases–CFPB v. Community Financial Services Association of America and Loper Bright Enterprises v. Raimondo. In CFPB, we are asking the Court to rule that an agency with such broad authority must receive their funding from the congressional appropriations process. In Loper we are arguing for the Court to overturn Chevron, a 1984 decision that has empowered federal agencies to take broad interpretations of their enabling statutes.
    5. Help Landmark stem the tide of leftism. Standing for the Constitution has never been more important. Landmark is fighting for you on the front lines, defending the Constitution in court and in the media. Our work is only possible due to the generous support of patriotic Americans across the country. Monthly donors are the backbone of our organization and make our work sustainable over the long term. Would you consider supporting Landmark with a monthly gift today?


Pete Hutchison


Listen to Mark Levin on Landmark's Work in School Choice

by Mark Levin


We are truly facing existential threats to our individual rights and liberties, the Constitution, and our national character. If unchallenged, this assault on our very way of life will ruin our great nation. With your financial and moral support, Landmark is not going to let that happen without a fight. Will you join us?


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