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Month: May 2017

May 31, 2017

End Minnesota’s Political Apparel Ban

Minnesota is taking the ban on campaigning in polling places too far. This violation of free speech puts too much power in the hands of election managers to decide what is an acceptable political statement during voting. The law turns voters who wear tee shirts that have slight, sometimes unintentional, political statements on their clothing, ...

May 31, 2017

Minnesota’s clothing ban turns voters into criminals

PLF’s Director of Communications Harold Johnson is joined by PLF Attorney Wen Fa and PLF Client Andy Cilek to discuss how The Supreme Court is being asked to review Minnesota’s speech-stifling restrictions on voter apparel. The law tramples free speech rights by forbidding voters from wearing anything to the polls that might be interpre ...

May 31, 2017

PLF uses Congressional Review Act to challenge illegally enforced wetlands guidance

Last Friday, we filed a motion in federal court in the Duarte Nursery case, asking the judge to exclude evidence based on the 2008 Post-Rapanos Guidance because it was never submitted to Congress for review under the Congressional Review Act and is therefore, under that Act, not in effect and unenforceable. Followers of PLF’s Red ...

May 31, 2017

Congressional leaders question attorney general about Duarte Nursery case

Last Thursday, the chairmen of the House Agriculture and Judiciary Committees sent this letter to Attorney General Jeff Sessions, stating their concern that the Clean Water Act is being used to regulate and enforce against plowing and other normal farming practices that are not subject to permitting requirements under the Act: The prosecution of Mr ...

May 31, 2017

PLF asks Supreme Court to invalidate Minnesota dress code for voters

On Election Day, millions of Americans trek to polling places in all corners of this Nation. On the way to casting their vote, many proudly wear shirts, buttons, and badges of organizations that share their views. Union members, for example, may wear SEIU t-shirts; gun owners, National Rifle Association badges; readers of this blog, Pacific ...

May 30, 2017

Victory in residential rental inspection case

Warrantless inspections of residential rental properties are a source of controversy in many California cities. Take, for example, the City of Highland located in San Bernardino County. The City adopted a Residential Rental Enhancement Program requiring an inspection of all residential rental properties. Pursuant to the Program, city inspectors cou ...

May 27, 2017

Weekly litigation report — May 27, 2017

PLF urges the Administration to reverse Antiquities Act abuses  We submitted comments to the Department of Interior regarding its review of the Bears Ears National Monument. The Monument, like several others made in the past twenty years, is not a small reservation of land to protect historic artifacts. Instead, it prevents multiple and productive ...

May 26, 2017

PLF's Wen Fa speaks to the Conservative Republicans of San Joaquin County

Last week, I had the pleasure of speaking to the Conservative Republicans of San Joaquin County. I discussed PLF’s latest efforts to protect the First Amendment rights of voters nationwide, something you’ll hear much more about next week. The speech centers around PLF client Andy Cilek, who was threatened with criminal and civil charges ...

May 26, 2017

PLF urges the Administration to reverse Antiquities Act abuses

As readers of this blog are aware, many Presidents have abused their power under the Antiquities Act to prevent productive use on federal lands (and on the ocean). President Trump has ordered a review of several of these Monuments, and the Department of the Interior has solicited comments from the public. Yesterday, PLF submitted comments ...

May 25, 2017

Georgia’s Certificate of Need laws harm patients

Usually a medical practice that provides innovative, cost-effective, and relatively less invasive care for patients would be seen as a benefit to the community it serves. But that is not the case in Georgia, where Women's Surgical Center, LLC, has had to fight the state's anti-competitive Certificate of Need ("CON") laws in order to expand ...