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Month: November 2015

November 30, 2015

Fresno newspaper calls Proposition 209 a "mistake"

Next week, the U.S. Supreme Court will hear oral argument for the second time in Abigail Fisher’s case against the University of Texas at Austin.  The Fresno Bee’s editorial board chimed in on the case yesterday, criticizing California’s Proposition 209 and blaming its passage for the lack of diversity among students in the Unive ...

November 30, 2015

Federal bureaucrat’s response to request for hearing: “just a ranting fishing expedition”

Due Process is a basic element of the rule of law, giving form to the principle that government must act in accord with the law, even when enforcing the law. In the simplest sense, due process is what prevents the government from making secret decisions that deprive you of your life, liberty, or property. This tends ...

November 30, 2015

Washington court rejects environmentalist show trial, but with a scary opinion

It has come to this … using children as a stalking horse for a radical eco-technocratic agenda. Last year, a couple of well-heeled environmentalist organizations filed a petition, purportedly on behalf of eight school-age children, asking the court to force the Department of Ecology to write a climate change rule based on the science offered ...

November 30, 2015

Administrative records – too much and not enough

If you thought 23,000 pages would be sufficient to document a federal government action closing roads and trails in a national forest, you’d be wrong.  That’s the number of pages it took the Forest Service to “summarize” its action to close routes in California’s Plumas National Forest to off-roaders.  Most ...

November 30, 2015

Senators, Congressmen, States and others urge Supreme Court to take PLF Obamacare lawsuit

During the Thanksgiving holiday, several prominent members of Congress, ten state governments, as well as several national civil rights groups filed amicus curiae briefs with the U.S. Supreme Court urging the justices to hear our lawsuit challenging the constitutionality of Obamacare. You'll recall that our case argues that if the Individual Mandat ...

November 27, 2015

Justice Kennedy enjoins ballot counting in race-based election in Hawaii

Our friends at the the Grassroots Institute secured a temporary injunction from from Justice Kennedy today, in their case challenging a race-based election in Hawaii.  The case challenges an election process that only allows “native Hawaiians” to cast votes.  “Native Hawaiians” is defined as anyone having native Hawaiian b ...

November 25, 2015

Science or politics? Scientists dispute whether Great Lakes' wolves should be delisted

Last week, 26 scientists submitted a letter to the U.S. Fish & Wildlife Service arguing that Gray wolves in the Great Lakes region are no longer endangered under the Endangered Species Act. This week, 29 other scientists published an open letter opposing any change to the species’ status. Ordinarily, a dispute between scientists like this ...

November 25, 2015

Clean Power Plan rumble

So far, twenty-five states and political subdivisions have challenged EPA’s Clean Power Plan, which requires existing and new power plants nationwide to favor wind and solar resources over coal and natural gas when generating electricity.  In addition, dozens of private companies, rural cooperatives, trade associations, and labor unions hav ...

November 25, 2015

"Tim The Lawyer" on what if Black Friday were a government program?

I talked this morning with Armstrong and Getty about what Black Friday would be like if it were run by the government. If you missed it, you can listen online here. I mention Henry Hazlitt’s fantastic book, Economics in One Lesson. You can buy it here, or read it online for free here. Here’s more on ...

November 24, 2015

PLF sues again over feds stalling on Endangered Species Act petition

The Endangered Species Act allows interested persons to petition the Fish & Wildlife Service to delist or downlist species based upon relevant evidence. It also requires the Service to respond to such petitions in a timely manner. The Service is first obligated to issue an initial finding on each petition within 90 days of receipt, ...

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