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.
Legislative demands that property owners give up constitutional rights for a development permit should be subject to certain requirements to ensure fair compensation and prevent excessive burdens, which is important for affordable housing and protecting individual rights.
The Fifth Amendment’s Takings clause is self-executing and applies to the states. Victims of government-caused flooding need not file statutory civil rights claims, and their just compensation is not blocked by sovereign immunity.
PLF tells the Supreme Court that California’s AB5 singles out political canvassers to prohibit them from working as independent contractors, an impermissible regulation of a profession based on its members’ speech.
One remedy for the perennial problem of civil forfeiture? A prompt post-deprivation hearing for innocent owners to reclaim their cars and the freedom their cars enable.
Colorado courts have been correct to deny the standing of a single activist to recategorize a riverbed on someone’s private property as public trust open to fly fishing.