Articles

California insists “race” is a qualification for public office

August 01, 2014 | By RALPH KASARDA

California voters hoping to serve on the next Citizens Redistricting Commission better make sure they’re a member of the right “race” when they apply.  Forget the Fourteenth Amendment.  A California statute requires that members of the Commission be chosen partly on their race, and one court says that’s okay.  So attorn ...

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President's weekly report — August 1, 2014

August 01, 2014 | By ROB RIVETT

Obamacare — When is a Tax not a Tax? We received a negative decision from the D.C. Circuit in Sissel v. U.S. Department of Health and Human Services.  This was our challenge to the Obamacare scheme based on the fact that the taxes in the statute did not originate in the House of Representatives, as … ...

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Rail bonds ruling weakens accountability

August 01, 2014 | By PACIFIC LEGAL FOUNDATION

If you believe in checks, balances and transparency in the public sector, it’s NOT a day for fist-pumps and giddy shouts of woo-hoo! A green light has been given for billions of dollars in California High Speed Rail bonds, without the kind of rigorous oversight that voters were promised and that the state Constitution demands for … ...

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PLF supports school choice in Colorado

August 04, 2014 | By JOSHUA THOMPSON

This morning PLF submitted an amicus brief in the Colorado Supreme Court in Taxpayers for Public Education v. Douglas County School District.  This case is being brought by a number of anti-school choice groups to prevent Douglas County from allowing students and their parents to choose the school that best suits their needs.  PLF’s brief ...

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PLF asks California high court to hear flooding inverse condemnation case

August 04, 2014 | By TONY FRANCOIS

We previously reported on the case of Biron v. City of Redding, in which an apartment building owner is seeking compensation under inverse condemnation for damage that the city’s storm drain system did during a rain storm.  The issue in the case is what level of fault the Birons must prove in order to recover. … ...

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PLF sees common sense in manatee lawsuit

August 04, 2014 | By MARK MILLER

The Palm Beach Post published a PLF Atlantic Center op-ed today regarding our most recent win in the federal courts of Florida earlier this summer.  In that suit, we represented Save Crystal River, Inc., in its effort to require the U.S. Fish and Wildlife Service to abide by the Endangered Species Act.  The op-ed begins: A … ...

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PLF continues to support Abigail Fisher

August 05, 2014 | By JOSHUA THOMPSON

Yesterday PLF filed this brief amicus curiae in support of Abigail Fisher.  PLF was joined on the brief by our friends from Center for Equal Opportunity, Project 21, Reason Foundation, and Individual Rights Foundation.  Ms. Fisher continues to fight for her right to be treated equally under the law.  As you recall, last year the Supreme Court ...

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Cartels shouldn’t be exempt from anti-monopoly laws just because they’re run by states

August 06, 2014 | By TIMOTHY SANDEFUR

(Part 1 of a series. Here are Part 2, Part 3, and Part 4) There’s a lot not to like about antitrust law, but the basic idea that monopolies are bad, and that everyone should have the right to compete honestly in the free market, is a cornerstone of our society. Sadly, antitrust is so … ...

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Special taxes and voter approval

August 07, 2014 | By DAMIEN SCHIFF

This week, the California Court of Appeal, in City of San Diego v. Shapiro, overturned a special tax approved by the City of San Diego to help finance a potential expansion of the San Diego Convention Center.  The tax was approved not by the City’s electorate but rather by the owner and lessees of land … ...