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Aug 14, 2019 23 tweets 4 min read Read on X
Let's assume that every family has achievers, and has survivors. And, to keep it interesting, the occasional Fredo thrown in

Who admits that they were the Fredo in their family?
Sports? Definitely the Fredo of the bunch.

Social relationships? Definitely the Fredo of the bunch.
I struggled nearly my entire life with low self-image so even though I wrote briefs that won at #SCOTUS, I sort of thought of myself as the Fredo attorney in our family.
My dad was in the USMC JAG for 20+ years, when he retired from the Corps, he was the Senior Courts-Martial Judge for the Navy Department from Phillie to Puerto Rico.,
My oldest brother and sister are both attorneys. My sister organized and ran a CASA organization in California for 20+ years, and my brother has had a private practice in Kentucky for nearly 40 years.
And then there's me. I worked for a "nonprofit" law firm for 25 years before I was unceremoniously fired when I confirmed to my employer, @ACLJ, that I was gay.
@ACLJ I had represented hundreds of pro-life activists and dozens of public school students in battles over when and how they could exercise rights to free speech, free press, peaceable assembly.

And I was suddenly a shameful disgrace.
So that kept me seeing myself as a Fredo type.
But then I look at that long history of work:
Evergreen Association v. City of New York. SDNY. US Court of Appeals 2nd Cir. 2011. City enjoined from enforcing speech restrictions against crisis pregnancy.
Lead Counsel in District Court and US Court of Appeals.
Emily Echols et al. v. FEC. SCOTUS 2003. BCRA of 2002 ban on campaign contributions by minors unconstitutional.
Lead counsel in 3-judge district court. Prepared all documents. Successfully argued before 3-judge district court.
Co-Counsel at SCOTUS. Wrote all Appellee's docs.
Hill v. Colorado. SCOTUS 2000. State statute restricting speech at health care facilities held constitutional.
Lead counsel in trial court, Colorado Court of Appeals and Colorado Supreme Court.
Wrote all documents, including discovery devices, summary judgment briefing, and appellate briefs, first Cert. Petition at SCOTUS.
Co-Counsel at SCOTUS. Wrote Second Round Cert.l Petition and Reply Supporting Petition, Petitioners' Brief and Reply Brief.
Bynum v. Capitol Police Board. US District Court, District of Columbia 2000. Capitol Police Board enjoined from enforcing a prohibition of praying in the public areas of the United States Capitol.
Lead Counsel. Wrote all documents and argued successful injunction motion.
Mahoney v. Babbitt. US Court of Appeals for DC Circuit 1997. Injunction granted barring National Park Service from arresting protestors criticizing newly re-inaugurated President.
Lead Counsel. Wrote all documents in both courts and argued the case.
Lamb's Chapel v. Center Moriches Union Free School District. SCOTUS 1993. School district exclusion of church from using school facility after hours because of its religious content overturned.
Co-counsel in US Supreme Court. Edited Petitioner's Brief and Reply Brief.
Bray v. Alexandria Women's Health Clinic. SCOTUS 1993. KKK Act of 1871 does not apply to women seeking abortions.
Trial Counsel in District Court, drafting pleadings and briefs.
Co-Counsel at SCOTUS. Edited Cert. Petition and Reply, both Petitioners' Briefs and Reply Briefs.
Stone Mtn. Memorial Assn. v. Zauber, Georgia Supreme Court 1993. Stone Mountain restrictions on leafletting unconstitutional. Wrote all trial court documents, discovery devices, and conducted trial as lead counsel.
Co-Counsel in Georgia Supreme Court. Wrote Respondent’s Brief.
Jews for Jesus v. MBTA. US Court of Appeals, 1st Circuit 1993. Judgment striking ban on distribution of literature on station platforms affirmed.
Lead Counsel. Wrote all documents and briefs, including trial and Appellees' Brief. Argued at District Court and Court of Appeals.
Ex Parte Rev. Keith Tucci. Texas Supreme Court 1992. Ministers protested an injunction barring prayer on public sidewalk and were arrested. Texas Supreme Court issued writ of habeas corpus.
Co-Counsel in 1st Court of Appeals and Texas Supreme Court. Wrote Habeas Petitions
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.
Lead Counsel in US Court of Appeals. Wrote Appellee's Brief and argued at US Court of Appeals.
Mahoney v. District of Columbia. US District Court for DC 1990. Emergency ordinance restricting picketing and demonstrating on public ways near medical facilities in DC enjoined.
Lead Counsel. Wrote all documents and argued successful preliminary injunction motion.
So here at this end of my life, I no longer think of my lawyerly self in Fredo terms ... other aspects of life yes, but there is no longer any self-doubt about legal judgment plaguing me.

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