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February 22, 2019

Weekly litigation report — February 23, 2019

Never assume government competence Following on the Supreme Court's decision in Janus v. AFSCME, which freed public employees from having to subsidize unions without their affirmative consent, the Court asked the Eighth Circuit Court of Appeals to consider how the Janus ruling affects attorneys forced to contribute to mandatory government-run bar a ...

February 22, 2019

Never assume government competence

Last June, the Supreme Court held in Janus v. AFSCME that states could no longer permit public employee unions to garnish non-union employee paychecks to subsidize the union's activities in collective bargaining or anything else, without the employee's affirmative consent. By compelling employees to subsidize speech or associate with an organizatio ...

February 22, 2019

This university professor can speak for herself… which is why she’s fighting for free speech at the Supreme Court

Kathleen Uradnik, a professor at Minnesota's St. Cloud State University, is free to speak with her political science students each day. But when she wants to speak with her employer about her job, Minnesota law says she has to let her university's labor union do the talking. But Uradnik doesn't belong to the union. She ...

February 20, 2019

All students deserve a quality education—no matter the color of their skin

Students are being turned away from some of Connecticut's best schools simply because they have the wrong skin color. Connecticut law caps Black and Hispanic student enrollment at its world-class magnet schools at no more than 75%. This blatant racial quota is an unconstitutional outgrowth of a lawsuit involving Hartford schools. The Connecticut Ge ...

February 20, 2019

Supreme Court vindicates all Americans’ right to be free from excessive fines

Today the Supreme Court held that the U.S. Constitution protects individuals from being excessively fined by all levels of government in this country—not just the federal government. The decision in this case, Timbs v. Indiana, is a significant victory that limits the abusive use of fees and fines by state and local officials—abuse that frequen ...

February 20, 2019

Courts can’t look the other way when the government censors speech

When the government seeks to stifle a viewpoint it doesn't like, it's probably not going to be forthcoming about it.  Instead, it will concoct a pretextual reason for its action, or use a "neutral" proxy that, in practice, discriminates against viewpoints it doesn't like. For the First Amendment to have teeth, then, courts must be ...

February 20, 2019

Connecticut magnet schools’ racial preferences challenged

Hartford, Connecticut; February 20, 2019: The Connecticut Parents Union has launched a federal lawsuit to end race-based enrollment preferences that unfairly—and illegally—deny black and Latino children access to the state's world-class magnet schools. The CTPU, which works to expand educational opportunities for Connecticut families, seeks to ...

February 19, 2019

Supreme Court to decide whether Clean Water Act regulates groundwater

Today, the Supreme Court agreed to hear County of Maui v. Hawaii Wildlife Fund, in which PLF filed a friend-of-the-court brief. This case is about whether the Clean Water Act regulates pollution that reaches surface water by means of groundwater. If it does, as the Ninth Circuit Court of Appeals said, then every homeowner with ...

February 18, 2019

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February 18, 2019

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