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Month: October 2011

October 31, 2011

The Endangered Species Act can run from the Constitution, but it can't hide

Author: Brandon Middleton Looks like the greenies are having a nice little field day in response to the Supreme Court's decision not to review PLF's Commerce Clause challenge to the federal delta smelt regulations.  Feel free to peruse their sites yourself, but you'll only find ad hominem attacks against PLF and its constitutional ...

October 31, 2011

Obamacare: PLF urges Supreme Court to address federal spending issues

Author: Timothy Sandefur This morning, Pacific Legal Foundation joined our Claremont Institute friends to file this brief in support of Florida's challenge to the constitutionality of the Obama Administration's health care law. This is one of five petitions that the Justices now have before them—three of which arise from the Eleventh Circuit's de ...

October 31, 2011

Supreme Court declines to review constitutionality of delta smelt regs

Author: Brandon Middleton This morning the Supreme Court issued an order declining to review Stewart & Jasper Orchards v. Salazar, PLF's Commerce Clause challenge to federal delta smelt restrictions.  More thoughts to come later today. Update: Here is Bloomberg's story on the denial. Update 2: The Central Valley Business Times has ...

October 28, 2011


Author: Timothy Sandefur Chapman University law professor Ronald Rotunda explores the purportedly un-reversible provision of Obamacare that establishes a board of Platonic Guardians to oversee Medicare. You can read more about that case here. ...

October 28, 2011

Holiday gifts for the constitutional bookworm in your family

Author: Timothy Sandefur If you're looking for a little something for that friend or family member who's interested in the Constitution and its relevance today, you might consider picking up one of these excellent recent books. ...

October 27, 2011

PLF op-ed on the Fisher case

Author: Joshua Thompson Courtesy of the Houston Chronicle, PLF principal attorney Sharon Browne, and Center for Equal Opportunity President Roger Clegg authored this op-ed.  Here's a snippet: The Constitution, properly interpreted, doesn't accept excuses for racial discrimination. If the Equal Protection Clause of the Fourteenth Amend ...

October 27, 2011

"How did the tiny delta smelt end up before the U.S. Supreme Court…?"

Author: Brandon Middleton So asks the Romberg Tiburon Center in its latest report.  A rhetorical question perhaps, but with an easy enough answer! Incidentally, we may know by next week whether the Supreme Court will hear PLF's constitutional challenge to the federal delta smelt regulations. ...

October 27, 2011

KGO's Bill Wattenburg speaks up for Sacketts, Sterlings, and PLF!

Bill Wattenburg, host of a radio show on San Francisco's KGO Newstalk AM810, was discussing the threats that government bureaucracies present to our freedoms on his show last week.  He used the Sackett case as a prime example, and also discussed our Sterling case.  Many, many thanks to Bill for supporting PLF and for his ...

October 27, 2011

Supreme Court calls for response from Florida in interior-design case

Author: Timothy Sandefur The U.S. Supreme Court has called for the state of Florida to respond to the petition for certiorari in Locke v. Shore, the Florida interior design case in which we filed an amicus brief just a few days ago. This is a good sign that the Court is seriously considering taking the ...

October 27, 2011

Government permission to drive a taxi now costs $1 million

Author: Timothy Sandefur I start The Right to Earn A Living with a discussion of taxi licensing, and how the government's restrictions on the taxi industry make the legally required "medallions" cost a ton of money. This hurts consumers, who end up paying more for taxis than they otherwise would, but it hurts workers even ...