Photos from Clean Water Act cases contradict media narrative


In a recent news broadcast, WDIV Local 4 reported on the ripple-effects of the Supreme Court’s ruling last year in Sackett v. EPA. But the segment muddies the waters by distorting the true stakes, and the media’s overwrought narrative won’t wash. The piece opens with weatherman Bryan Schuerman intoning, “Today marks the one- ...


Supreme Court passes on chance to revive nondelegation doctrine—but more opportunities wait in the wings

June 11, 2024 | By MOLLY NIXON

On June 10, the Supreme Court declined to take up two similar cases that would have provided an opportunity for the Court to reinvigorate the nondelegation doctrine, which enforces the Constitution’s vesting of “all Legislative powers . . . in a Congress of the United States.” Those powers, so the thinking goes, cannot then be &# ...


Development impact fees : Frequently asked questions

June 11, 2024 | By BRIAN HODGES

The Supreme Court’s unanimous decision in Sheetz v. County of El Dorado could change how local and state governments extract development impact fees from property owners in exchange for building permits. In the April ruling, the Court held that development fee schedules are subject to judicial scrutiny under the doctrine of unconstitutional ...


Reparations Roundup

June 07, 2024 | By ANDREW QUINIO

Lawmakers across the country are proposing reparations to black Americans for slavery and America’s history of racial discrimination. Proposals have included direct cash payments, grants, formal apologies from the government, and government programs with race-based eligibility. There are those who believe, as Ibram X. Kendi wrote, that “ ...


Minnesota changes discriminatory grant program following PLF lawsuit

June 06, 2024 | By ANDREW QUINIO

Five months after Minnesota farmer Lance Nistler filed a federal lawsuit with Pacific Legal Foundation’s help, Minnesota removed race- and sex-based preferences from its Down Payment Assistance Grant Program.   PLF’s participation in Lance’s case raised eyebrows among Minnesota progressives: Writing in the Minnesota Reformer, Si ...


Strict scrutiny for women!

June 03, 2024 | By ERIN WILCOX

American women gained the right to vote on August 18, 1920. Despite some hyperbolic handwringing and predictions of doom—But who will watch the children? Their fathers??—the world did not end with the passing of the 19th Amendment. In fact, women’s suffrage was the most significant legal paradigm shift for gender equality of the 20th cent ...


The anniversary of Sackett v. EPA and continued defiance

May 24, 2024 | By BRITTANY HUNTER

One year ago, the Supreme Court unanimously agreed to restore proper limits to the Environment Protection Agency’s (EPA) authority to broadly interpret and enforce the Clean Water Act (CWA). For decades, the EPA, along with the Army Corps of Engineers, had taken it upon themselves to expand the definition of “navigable waters” to ...


The Antiquities Act and the limits of executive power

May 23, 2024 | By ADAM GRIFFIN

After several Native American artifacts were looted 
in the early 1900s, Congress passed the Antiquities
 Act of 1906 to allow presidents to establish “national
 monuments” and protect historic landmarks, structures,
 and similar objects on federal lands. This delegation of authority was modest. Indeed,
 not only did Congress ...


What is the soft bigotry of low expectations?

May 23, 2024 | By NICOLE W.C. YEATMAN

In September 1999, then-Governor of Texas George W. Bush gave a speech to the Latin Business Association about education. America needed to adopt the mindset that every child can learn, he said. “It does not matter if they grow up in foster care or a two-parent family. These circumstances are challenges, but they are not … ...