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Month: June 2018

June 30, 2018

Land ahoy! Fishermen challenge presidential designations of ocean monuments

Originally published by the Washington Examiner June 30, 2018. This month, the Antiquities Act turned 112 years old. Originally conceived to protect Native American artifacts in the Southwest, the law has, like so many federal laws, been twisted over time by power-hungry government officials. Controversy over the law's abuse is coming to a head in ...

June 30, 2018

Weekly litigation update — June 30, 2018

First Amendment wins! Unions cannot steal non-members' wages Supreme Court orders Ninth Circuit to reexamine ruling on forced cell phone speech Calling out the feds on a taxonomy that's for the birds PLF asks Court to suspend website ban Briefing complete in California case challenging "affordable housing" fees First Amendment wins! Unions cannot s ...

June 28, 2018

Supreme Court tells Ninth Circuit to protect First Amendment rights

Last year, the Ninth Circuit rejected cell phone retailers' First Amendment claim challenging the City of Berkeley's ordinance requiring the retailers to display posters and other large documents warning against unsafe cell phone usage and including the city's advice about "how to use your phone safely." The retailers' trade association, CTIA, peti ...

June 27, 2018

Justice Kennedy left his mark on American liberty

For nearly the entirety of Pacific Legal Foundation's history, Justice Kennedy has been on the bench. We first appeared before him when he was a judge on the Ninth Circuit and PLF was mostly litigating in California. And then, for the past 30 years, PLF attorneys argued before him many times at the Supreme Court ...

June 27, 2018

First Amendment wins! Unions cannot steal non-members’ wages

After 40 years of garnishing worker paychecks under the authority of Abood v. Detroit Board of Education, today the Supreme Court held in Janus v. AFSCME that the coercion must end. In a 5-4 split, the Court today holds that the First Amendment prohibits states from giving public employee unions the special privilege of docking ...

June 27, 2018

Free speech wins again at the high court

Originally published by the The Hill June 27, 2018. On Tuesday the Supreme Court came down on the side of free speech and freedom of thought in NIFLA v. Becerra, a closely-watched case arising from the California Legislature and courts. Like recent Supreme Court decisions, including Minnesota Voters Alliance v. Mansky, Matal v. Tam, and Reed v. ...

June 26, 2018

Term Review: Supreme Court comes out swinging for Fourth Amendment rights

Familiarly, the Fourth Amendment provides that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and ...

June 25, 2018

Time to repeal and replace unconstitutional federal waters rule

Originally published by the The Hill June 25, 2018. The Obama administration's embattled "waters of the United States" (WOTUS) rule, which expanded the scope of the federal Clean Water Act, lingers on the books despite an executive order from President Trump and several administrative actions. But this month, this overreaching rule suffered ano ...

June 23, 2018

Weekly litigation report

Victory in New Orleans home demolition case! Supreme Court goes part of the way on limiting administrative power PLF files reply brief to compel California agency to follow state law. PLF asks Supreme Court to review Florida property rights case Victory in New Orleans home demolition case! Today, we secured a total victory in Garret ...

June 22, 2018

Opening brief in gnatcatcher listing challenge

Today, we filed our opening merits brief in our challenge to the federal Endangered Species Act listing of the coastal California gnatcatcher. Our lawsuit takes aim at the taxonomic foundation of the listing, namely, whether the gnatcatcher—a diminutive songbird that inhabits very prime real estate in parts of coastal and inland Southern Cali ...