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Month: June 2015

June 30, 2015

Colorado Supreme Court finds Scholarship Program unconstitutional

In March 2011, the Douglas County School Board became the first school board in the nation to adopt a private school choice program.  The Douglas County Choice Scholarship Program (CSP) was intended to provide scholarships for up to 500 children in the County, allowing them to attend the private or public school of their choice.  They could ev ...

June 30, 2015

A modest proposal

What if we, the people, were to ask federal administrative agencies to respond in a timely manner to requests made under the Freedom of Information Act (FOIA)?  The current denizens of the federal government tell us they will respond only if and when sued.  Otherwise, we, the people, can pound salt. That’s what happened in our c ...

June 30, 2015

Should unions be able to force you to subsidize their speech?

Join me tomorrow at 9am Pacific on KQED radio as we discuss the upcoming Supreme Court case of Friedrichs v. California Teachers Association. ...

June 30, 2015

Supreme Court roundup

Last week I talked with Armstrong and Getty, Joe Messina, Tom Sullivan, and Mike Slater about the Supreme Court’s last batch of decisions. Click on the links to listen if you missed ’em. And don’t forget that Tuesday, July 14, I and my colleagues Anastasia Boden and Jonathan Wood will be hosting a Supreme Court ...

June 30, 2015

Supreme Court to review public employee unions’ ability to garnish wages

The California Teachers Association—one of the most politically powerful groups in the state—may have to start funding its political campaigns with the money of only those teachers who actually support its goals.  Unlike other groups that seek donations from like-minded people who support the organizations' goals, the CTA has long benefited fr ...

June 29, 2015

Long-awaited Clean Water Act rule published

The final rule redefining “waters of the United States,” subject to federal control under the Clean Water Act, was published today in the Federal Register.  According to the rule, it will become effective on August 28, 2015, and will be deemed issued for judicial review on July 13, 2015.  This latter date is significant because ...

June 29, 2015

It is almost never “rational, never mind ‘appropriate’” to ignore regulatory costs

Today's Supreme Court decision in Michigan, et al. v. EPA (consolidated with Utility Air Regulatory Group v. EPA and National Mining Assoc. v. EPA) invalidated EPA's regulation on electric power plant hazardous air pollutants for not taking its enormous costs into account. It affirms a common-sense principle that EPA too often ignores: regulatory a ...

June 29, 2015

Supreme Court agrees to review Univ of Texas racial preferences – again

It has been a long road for Abigail Fisher, but she will have her day once again in the Supreme Court of the United States.  Two years ago the Court rightly ruled that tax-supported universities don't deserve the benefit of the doubt from courts when they engage in race-based preferences and discrimination.  The issue stemming from ...

June 26, 2015

President's weekly report — June 26, 2015

The physical invasion of the raisin snatchers — a property rights victory at the Supreme Court  In a week marked by several major Supreme Court decisions that were quite disappointing to advocates of limited government and the rule of law, there was one very bright spot: this decision in Horne v. United States Department of Agriculture. T ...

June 26, 2015

Can the Coastal Commission attach a dormant easement as a condition to a permit?

Today, PLF filed an amicus brief in the California Court of Appeal defending the property rights of La Jolla coastal landowners Ure and Dianne Kretowicz. The Kretowiczs purchased their blufftop home from a bank after a foreclosure in 1994, unaware of any restrictions on the title. But when they tried to get a permit to ...