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Month: October 2018

October 30, 2018

There is no “falconry exception” to the Bill of Rights

Imagine one quiet morning you are eating breakfast in your own home. Minding your own business and not bothering anyone. Suddenly, there are several loud raps on your door. Rightly startled, you approach the door apprehensively, open it a crack, and carefully peer out. On your doorstep are several heavily armed government agents in bulletproof arm ...

October 29, 2018

The Hill: The United States is not a democracy—and it wasn’t meant to be one

Originally published by The Hill October 29, 2018. In Americans' popular imagination, Abraham Lincoln stands not only as a historic national leader, but also as the great exponent of the virtues of democracy. In describing the U.S. government as being "of the people, by the people and for the people," he articulated one of our ...

October 27, 2018

Weekly litigation update — October 27, 2018

This road to the Supreme Court takes PLF through the U-P This week Pacific Legal Foundation filed its latest Petition for Writ of Certiorari at the Supreme Court of the United States challenging federal agency overreach in Marquette County Road Commission v. EPA. We're taking on the EPA’s 2012 decision to veto a road project ...

October 25, 2018

Recognizing grizzly’s recovery would spur further conservation

Originally published in the Las Vegas Sun, October 25, 2018. When Lewis and Clark encountered the grizzly bear, they described it as a "most tremendous looking animal" but also a terrifying one. To this day, Americans marvel at the bear's majesty — but preferably from a safe distance. Tragically, the United States' rapid western expansion ...

October 25, 2018

PLF urges SCOTUS review of Hurricane Katrina flooding case

By any measure, Hurricane Katrina was a disastrous natural catastrophe. But for many landowners in St. Bernard Parish, what might have been a damaging but survivable storm was transformed into total devastation by a series of government actions and omissions stretching back decades. Last week, we filed this amicus brief asking the Supreme Court to ...

October 25, 2018

Victory: Activists’ effort to worsen overcriminalization ends with a whimper

In 2013, several environmental activist groups launched a lawsuit to expand the criminal reach of the Endangered Species Act. They challenged the United States’ longstanding interpretation of the statutes, which makes it a crime to “knowingly” “take” a protected species, to require defendants know their actions will ca ...

October 25, 2018

This road to the Supreme Court goes through the U-P

This week Pacific Legal Foundation filed its latest Petition for Writ of Certiorari at the Supreme Court challenging agency overreach in a case known as Marquette County Road Commission v. EPA. In this case, we take on the EPA’s 2012 decision to veto a road project in Michigan that would have improved the economy and ...

October 24, 2018

PLF asks 8th Circuit to stop Minnesota from discriminating against boy dancers

Last month, we asked a federal judge in Minnesota to preliminarily enjoin the Minnesota State High School League from prohibiting two high school boys from trying out for their high school dance teams because they are boys. Unfortunately, the judge rejected our request. As a result, we immediately appealed the ruling to the 8th Circuit ...

October 22, 2018

PLF client Freddie Linden wins state dance championship

On behalf of South Dakota high school student and dance phenom Freddie Linden, in April we sued the South Dakota High School Activities Association to put an end to the rule that prohibits boys from participating in competitive dance in the state. Shortly after filing our lawsuit, the Association did the right thing and suspended ...

October 22, 2018

Supreme Court given another opportunity to rein in regulatory state

Originally published by The Hill, October 22, 2018. Federal courts have taken welcome steps in recent years to rein in the runaway regulatory state. Too often executive agencies charged with applying the laws as written by Congress have done so in ways unsupported by the text of those laws. In response, the courts have stepped ...