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Month: May 2018

May 31, 2018

PLF fights to protect the Separation of Powers

James Madison, the “Father of the Constitution,” once wrote that “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” To prevent just such an acc ...

May 30, 2018

PLF to Supreme Court: courts shouldn’t look the other way when federal agencies seize power Congress never gave them

The fundamental principles of our constitution are that government power must be divided up, rather than concentrated, and those who exercise it must be accountable to the people. That’s why the founding fathers divided power between the federal and state governments and further distributed federal power among three independent branches. They ...

May 30, 2018

Common Sense Prevails in Regulatory Flexibility Act Case

Yesterday, PLF successfully defeated an attempt to dismiss its lawsuit that would require the government to follow its own laws and regulations. At issue is the Regulatory Flexibility Act (RFA), which requires that the government conduct an economic analysis on the costs to small businesses whenever it regulates them. The U.S. Fish & Wildlife S ...

May 29, 2018

No, Virginia, we’re not going anywhere

As readers know, Virginia strictly forbids having too much fun with happy hour advertisements. The state allows businesses to use the sanitized statements “Happy Hour,” or “Drink Specials,” but forbids restaurants from advertising the price of any happy hour drink, or using fun phrases like “Sunday Funday,” (or & ...

May 29, 2018

No, police can’t lie their way into our homes

As children we are taught that law enforcement officers are here to help us. After all, who do you call when you need help? The police. But effective policing within communities depends on a relationship of trust between law enforcement and the public. When law enforcement breaks that trust it not only makes the public ...

May 29, 2018

Supreme Court declines to review an important First Amendment case

The First Amendment prohibits the government from silencing messages it doesn’t like. Yet San Francisco is doing exactly that with its sign ordinance. Under the ordinance, businesses can put up signs that advertise a location’s “primary business,” but not if it advertised an off-site business. Thus, a Barnes & Noble coul ...

May 29, 2018

Two-and-a-half cheers for May’s historic CRA actions

Originally published by The Hill May 29, 2018. The Congress and President Trump set two historic precedents last week when they enacted a law overturning the Consumer Financial Protection Bureau's (CFPB) illegal and misguided "guidance" on auto loans by car dealers. Because Congress used the Congressional Review Act (CRA) to pass the resolution ...

May 26, 2018

Weekly litigation report — May 26, 2018

The Constitution protects property rights from unelected government agencies Holding state administrative agencies accountable to the law Does "land owned or controlled by the Federal Government" include the ocean? PLF sues Seattle for banning new housing websites Democracy vouchers violate free speech PLF responds to Seattle's appeal in first-in-t ...

May 24, 2018

The Constitution protects property rights from unelected government agencies

In 1996, Dr. Mark and Bella Greene, a couple from Pennsylvania, bought an older beach house in Playa Del Rey, Los Angeles. Their plan is to remodel this home and spend their retirement in southern California close to their son and their grandchildren. A few years ago, they started the process to get permits for ...

May 23, 2018

PLF to 9th Circuit Judicial Council: “End protectionist policy for lawyers.”

Back in February I wrote about the petition that Pacific Legal Foundation (PLF) signed onto with almost a dozen other ideologically diverse legal organizations and attorneys (protectionism, at least in regards to the legal profession, appears to traverse ideological lines), asking the U.S. District Court for the Northern District of California to ...