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Month: October 2015

October 31, 2015

New study urges consideration of race in college admissions

The use of standardized tests in college admissions has created much controversy in recent years.  Do test scores predict college success? Are the tests fair to minorities and poor applicants?  Are applicants, whose parents did not attend college, at a disadvantage?  Some schools have stopped requiring standardized tests. But most colleges ...

October 30, 2015

President's weekly report — October 30, 2015

Obamacare back to the Supreme Court We filed our petition for cert in Sissel v. United States this week, asking the Supreme Court to take the case.  As our blog explains, when Justice Roberts upheld the law because it was a “tax” and not a “penalty,” we realized that if the individual mandate (as well ...

October 30, 2015

Time to set aside government race-based set-aside contracts

PLF attorneys filed a brief in the United States Court of Appeals for the District of Columbia Circuit this week in Rothe Development, Inc. v. United States Department of Defense. In their brief, attorneys for PLF argue that the racial classification enacted in 1978 to set aside federal contracts under section 8(a) of the Small ...

October 30, 2015

Appeals Court to hear Clean Water rule challenge

Readers of this blog will know that PLF is challenging the Army Corps and EPA rule redefining “waters of the United States.”  Two courts have issued a stay of the rule concluding the rule likely violates both statutory and constitutional law, as we have argued.  But the courts have yet to decide the proper venue ...

October 29, 2015

Update on PLF's challenge to California's cap-and-trade regulation

The briefing in our lawsuit challenging the auction component of CARB’s cap-and-trade regulation has been completed for many months, but the California Court of Appeal, Third District, has yet to set a date for oral argument.  Although the panel was appointed last June, we wont know the identities of the judges until an oral argument ...

October 29, 2015

Florida Supreme Court “splits the baby” in products liability decision

Today, the Florida Supreme Court issued its opinion in Aubin v. Union Carbide, a case that recognizes limits to manufacturers' liability. William Aubin brought the lawsuit after he contracted mesothelioma in 2008, allegedly from working with asbestos-containing joint compound and texture sprays produced by Georgia Pacific, and provided by Aubin's e ...

October 29, 2015

UPDATED: Andy Caldwell discusses PLF's Obamacare petition at the Supreme Court

Tune in today at 4:30 pm PST to hear Andy Caldwell and I discuss PLF’s Obamacare case, which the Supreme Court will consider taking up this term.  We’ll also be discussing some of PLF’s occupational licensing cases and our Economic Liberty Project—which defends the right of entrepreneurs to earn a living free of irrational ...

October 29, 2015

Myths about Obamacare litigation: Why the ACA is not "here to stay"

As Timothy Sandefur announced this week on Liberty Blog, PLF has filed a long-anticipated petition for certiorari on behalf of Matt Sissel asking the Supreme Court to decide his Origination Clause challenge to Obamacare. Tim’s blog post is the most recent of many that explain why Obamacare's taxes are unconstitutional, but we've always mainta ...

October 28, 2015

Defending taxpayers from Obamacare on Courting Liberty

PLF has asked the Supreme Court to hear our constitutional challenge to Obamacare, based on its violation of Article 1, Section 7, the "Origination Clause." That provision is designed to protect against oppressive taxation by requiring all "revenue-raising bills" to start in the House, the chamber closest to the people. Our client, Matt Sissel, jo ...

October 27, 2015

PLF asks Supreme Court to review important wetlands case

Earlier today, Pacific Legal Foundation filed its response to the petition for writ of certiorari filed by the United States Army Corps of Engineers to the Supreme Court in our Hawkes v. Army Corps of Engineers case. In this case, the Eighth Circuit agreed with PLF that Clean Water Act jurisdictional determinations (JDs) are reviewable ...