The Ninth Circuit exceeded its authority in decisions that restricted local governments’ ability to use their police powers to protect property as they cope with the homelessness crisis.
The Supreme Court should not allow lower courts to set new obstacles to property owners’ claims so soon after Knick cleared the Williamson County roadblock away.
When a government regulation forces a property owner to sacrifice all economic use for the public good, without compensation, it violates the Takings Clause. Even if this sacrifice is only temporary.
This brief won’t tell you what a “sophistic, Miltonian Serbonian Bog” is, but it does tell the Texas Supreme Court their justification of takings via the police power is unconstitutional.
Plaintiffs bringing civil rights claims usually don’t have to pay the government’s attorneys’ fees if they lose. PLF tells the Eighth Circuit to overturn a district court that stuck plaintiffs who objected to an “anti-racist” training program with the bill for the litigation.
The government cannot revoke core liberties protected by the Bill of Rights, like the right to demand a warrant, simply by regulating an activity or use of property.
The president used the Antiquities Act to unilaterally withdraw Oregon timberlands from production, overriding a duly passed statute. PLF tells the en banc 9th Circuit not to ignore this violation of the separation of powers.
The FDIC’s structure, the removal protection enjoyed by its commissioners, its in-house courts without juries: PLF tells the Fifth Circuit that the agency’s prosecutions cannot pass constitutional muster.