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Property Rights

Waters of the United States

PLF at the Supreme Court: Fighting EPA power grab of all U.S. waters

It’s now up to the U.S. Supreme Court to decide if the EPA can stretch federal control to nearly every pond, ditch, and puddle in the nation. On October 11, justices heard arguments in National Association of Manufacturers v. Department of Defense, a consolidated case which included an extensive array of our clients. We challenged the EPA’s 2015 proposed rule as being nothing more than an outrageous – and illegal – power grab under cover of the Clean Water Act.

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Personal Liberties

Book Passage v. Becerra

Saving free speech one book at a time

In the wake of a First Amendment challenge by Bay Area book seller Bill Petrocelli and his renowned store, Book Passage, California has rescinded the state’s onerous “certificate of authenticity” requirement for the sale of autographed books. The regulation would have made it extremely risky, if not impossible, for stores to sell signed books or host author events.

Under the former law, sellers of any autographed good worth over $5—including books—were required to provide a Certificate of Authenticity that included details about the transaction and the personal information about buyers and previous owners. Any omission, or failing to maintain the records for seven years, resulted in outrageous fines. Following PLF’s lawsuit, the legislature passed AB 228, which exempts books from the mandates.

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Procedural Guarantees

Garrett v. City of New Orleans

New Orleans takes a wrecking ball to a couple’s constitutional rights

David and Lourdes Garrett had ambitious plans to renovate a dilapidated townhouse that they bought from the City of New Orleans. But their dream turned into a nightmare when—barely four months after they purchased the building—the city suddenly sent a wrecking crew and demolished it. The Garretts were stunned. They had been given no notice—and they didn’t receive a penny in compensation. A federal district court dismissed claims the city violated their due process, just compensation, and Fourth Amendment rights. PLF is appealing in federal circuit court.

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Latest Blog Posts

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By Jeffrey W. McCoy

Arizona Supreme Court ignores voters’ intent in decision interpreting constitutional limitations on taxation

Last Friday, the Arizona Supreme Court issued its decision in Biggs v. Betlach, a case brought by a group of Arizona legislators challenging the imposition of a hospital charge to … ›

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By James S. Burling

Weekly litigation update — November 18, 2017

  • Supreme Court to hear PLF’s First Amendment challenge to political apparel ban
  • PLF presents oral argument on challenge to access regulation in the Ninth Circuit
  • Since the Feds get to regulate “species” and “subspecies,” shouldn’t we have an understandable definition of “species” and “subspecies”?
  • If seaweed is private property, that’s good for the environment
  • Good decision from Ninth Circuit in marbled murrelet case
  • Seattle’s unconstitutional income tax goes to court
  • Marin County challenge to “affordable housing” shakedown continues
  • Can California citizens stop pension-fund abuse?
  • Arizona Supreme Court upholds illegal tax as a not-tax
  • Brief filed in support of an Indian artist’s right to call herself an Indian artist
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PLF’s First Amendment battle heads to the U.S. Supreme Court

The Supreme Court announced that it will hear a First Amendment challenge to Minnesota’s sweeping, speech-stifling restrictions on what can be worn while voting. In this week’s episode of PLF’s Courting Liberty podcast, hear from case attorney Wen Fa and client Andy Cilek as they break down the importance and gravity of their fight for free speech.

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By Caleb R. Trotter

New ReasonTV video showcasing our American Indian art case

ReasonTV released a new video that showcases our client Peggy Fontenot and her case against the Attorney General of Oklahoma. If you’ll recall, last year, Oklahoma enacted a new law that limits who may market art as American Indian-made.

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By Ethan W. Blevins

Justice Don Willett: “Unshakably wedded to the rule of law”

Justice Don Willett of the Texas Supreme Court endured the partisan gauntlet of the Senate hearing on his nomination to the Fifth Circuit Court of Appeals. The hearing only confirmed what has been known for some time: Justice Willett will serve the federal judiciary with integrity, wit, and commitment.

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By Brian T. Hodges

Seattle’s tax fight goes to court

Earlier this year, the City of Seattle shocked the people of Washington—indeed, many across the nation—when it decided to impose an income tax on so-called “high-earners” in direct defiance of the Washington State Supreme Court, which has repeatedly held that the state constitution’s uniformity clause prohibits targeted income taxes.

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By Jonathan Wood

Property rights are key to protecting Maine’s rockweed ecosystem

the Maine Supreme Judicial Court will hear oral argument in a case that, befitting the season, is a cornucopia of PLF issues.

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By Joshua P. Thompson

Title IX complaint filed against Minnesota State High School League

Pacific Legal Foundation and Miranda Lynch filed a complaint with the Department of Education’s Office for Civil Rights regarding the Minnesota State High School League’s decision to ban boys from dancing.

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By Wen Fa

Supreme Court accepts review in PLF’s First Amendment case!

The Supreme Court of the United States granted PLF’s petition for certiorari in Minnesota Voters Alliance v. Mansky, a First Amendment challenge to a Minnesota law that bans political apparel at the polling place.

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Case Updates

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Press Release

Center for Environmental Science, Accuracy & Reliability, et al. v. U.S. Department of Interior, et al.

Government species regulators can’t give science short shrift

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