In 2013, government agents forced Rose Knick to allow public access to a suspected gravesite on her farmland. Rose sued over the unconstitutional property taking. But a federal court refused to hear her federal claim citing the 1985 Supreme Court decision Williamson County. Rose has asked the Court to overturn this precedent so property rights are on equal footing with other rights such as due process and free speech. On behalf of Rose and all property owners, PLF argued Knick before the Supreme Court on October 3, 2018.
Read Rose Knick’s case
Pacific Legal Foundation is one of the most active and effective public interest legal organizations in the United States. PLF has won an unprecedented ten cases for its clients before the Supreme Court, out of its twelve direct appearances—a record of success unmatched by any other public interest legal organization.
Read about our missionD.M. & Z.G. v. Minnesota State High School League
When 16-year-old Dmitri Moua discovered dancing, he also found a new way to be a part of a team, and build his self-confidence. But when he wanted to join his high school’s competitive dance team, he was denied because he is a boy. Dmitri’s school is in the Minnesota High School League—whose bylaws declare competitive dance a “girls only” sport. On behalf of Dmitri, Pacific Legal Foundation has filed a federal lawsuit challenging the rule’s constitutionality.
Read moreFreedom Foundation v. Washington Dept. of Ecology
Each year around the holidays, Washington-based Freedom Foundation sends staff members to the lobbies of state agency buildings. These staffers—dressed as Santa—hand out leaflets that explain state employees’ right to opt out of union dues. Allowed by most agencies, the Washington Department of Ecology in 2017 instead prohibited the leafletting. Even worse is that the agency kicked Santa out of its lobby while allowing other organizations to engage in political expression there—including the union itself. Represented by Pacific Legal Foundation, Freedom Foundation is suing the Department of Ecology in federal court for violating the First Amendment.
Read moreRentberry v. City of Seattle
Rentberry is a small San Francisco-based startup that connects landlords and renters through a rent-bidding website. The company hopes to expand its service to Seattle, however city council adopted a one-year moratorium on the service over concerns it might violate existing rental law and might inflate housing costs—despite no evidence that either is true. Pacific Legal Foundation has filed a federal lawsuit on behalf of Rentberry, arguing the moratorium prohibits free speech rights of Rentberry, as well as the landlords and renters who would like to use such sites to communicate.
Read moreThe National Mall and Memorial Parks are “the premier national civic space for public gatherings including First Amendment activities, national celebrations … and national mourning” In these venues, “the constitutional rights of speech and peaceful assembly find their fullest expression” Yet the National Park Service, the federal agency that administers federal lands and wrote those words, has proposed rules that could unduly restrict access to these precious national treasures
PLF submitted a public comment focused on one aspect of the NPS proposal On the National Mall, political demonstrations have traditionally been treated more favorably than other speech activities such as historical reenactments or parades For instance, small political demonstrations
Read moreYesterday, the Supreme Court denied certiorari in Conagra v. State of California, a California state court decision holding that that three companies that lawfully sold lead paint are liable for … ›
Read moreOriginally published by Investor’s Business Daily October 12, 2018
Although Congress deserves its share of criticism for the myriad rules governing our lives, the dozens (if not hundreds) of administrative agencies that comprise the federal “regulatory state” are not passive actors in someone else’s game Nowadays, most legal mandates that govern our lives are not actually issued by Congress; they’re instead issued by the multitude of agencies (and sub-agencies) that Congress supposedly oversees
Since 1995, administrative agencies have issued over 88,000 federal rules and regulations (Congress, by comparison, has issued around 4,300 laws) This is not just a problem of overregulation By permitting largely unaccountable bureaucrats
Read moreOriginally published by Investor Business Daily October 12, 2018
Regulatory reform is a hot topic nowadays, and no wonder The size and expense of the federal administrative state are staggering One study estimates that, in 2015 alone, new federal regulation cost the American economy more than $22 billion
Thankfully, judicial and statutory reform efforts are underway, as other articles in this series have explained
But we shouldn’t overlook the existing tools for regulatory reform the president can employ now, such as vigorous enforcement of current regulatory reform laws, as well as exercising his constitutional authority to supervise regulatory agencies
Congress also has an important role to play One reform law that
Read moreWe filed an amicus brief in the Ninth Circuit supporting en banc rehearing in the case of Americans for Prosperity Foundation v. Becerra. We argue that the panel’s decision to … ›
Read moreIn an attempt to preserve undeveloped beachfront land in Maui, Maui County planned to purchase nine parcels to create a park. But the County ran into a predictable problem; beachfront … ›
Read moreLate last year, PLF submitted a petition for rule-making to the Interior and Commerce Departments (and their delegate agencies the United States Fish and Wildlife Service and National Marine Fisheries … ›
Read moreOver the the last several months, I repeatedly have been asked what a Justice Kavanaugh would mean both for PLF cases specifically and the law in general. Now that the … ›
Read moreA shy frog becomes the center of attention at the Supreme Court This week the Supreme Court of the United States heard oral argument in our Endangered Species Act case … ›
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