Articles

In memory of Mike Fahner, an American farmer and Supreme Court champion

December 14, 2021 | By JOSHUA THOMPSON

Mike Fahner, president and owner of Cedar Point Nursery, passed away last month, less than six months after the Supreme Court of the United States ruled in his favor in Cedar Point Nursery v. Hassid. I was on my way to D.C. to give a talk on Mike’s case when I heard. The last time … ...

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Fighting for property rights at the Supreme Court during Cedar Point v. Hassid

March 22, 2021 | By JOSHUA THOMPSON

Sketch created by Arthur Lien On March 22, 2021, I argued Cedar Point Nursery v. Hassid before the Supreme Court of the United States. This case has wide-ranging impacts for property rights and government’s ability to infringe on private property owners’ right to control what happens on their property. After oral arguments, I sat down ...

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The Hill : Supreme Court should affirm California farmers’ property rights

March 22, 2021 | By JOSHUA THOMPSON

Sudden workplace disruptions — a car alarm, WiFi interruption, or burnt popcorn in the breakroom — may violate our concentration but not our constitutional rights. Such a dubious honor goes to California’s legalized property invasion, whereby uninvited union organizers can invade agriculture firms’ private property to recruit member ...

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Fox & Hounds : California’s Proposition 16 will bring discrimination, not equality — and voters see right through it

November 03, 2020 | By JOSHUA THOMPSON

Let’s say you’re a California voter, looking at Proposition 16 on the ballot, and you don’t like what you see in this proposed amendment to repeal the state’s constitutional ban on racial preferences.   Don’t feel bad about it: according to the opinion polls, you’re not alone. And the problem isn’t with y ...

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Fight to keep boys off Minnesota dance teams is a losing battle

November 21, 2018 | By JOSHUA THOMPSON

Originally published by Star Tribune, November 21, 2018 Minnesota is historically known as a progressive state. But if you’re the parent of a high school dancer, you can be excused for thinking otherwise. After recent changes in South Dakota, Minnesota is now the only state in the country that prohibits boys from participating in high … ...

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Putting an end to a new era of school segregation

July 08, 2018 | By JOSHUA THOMPSON

Originally published by The Hill, July 8, 2018. It’s a shameful and heartbreaking mental image from the past: minority children being turned away at the schoolhouse door, denied an opportunity for a quality education for no other reason than the color of their skin. Yet that painful image of injustice is not as far in … ...

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Government is blocking Black kids from great schools while seats sit empty

May 18, 2018 | By JOSHUA THOMPSON

In February, eight Black and Hispanic families filed a federal lawsuit challenging the Connecticut State Department of Education’s race-based enrollment quotas for Hartford’s magnet schools. This policy mandates that 25% of a magnet school’s seats be reserved for white and Asian students. This quota is so inflexible and rigid th ...

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Answering the Minerva Dairy questions at Overlawyered

May 01, 2018 | By JOSHUA THOMPSON

If you aren’t already a regular reader of Overlawyered, you should check it out. Walter Olson does a magnificent job pointing out and explaining the seen and unseen costs of our legal system. Last week I was excited to see Overlawyered link to our Minerva Dairy lawsuit.* In the days that followed, the comments section … ...

Articles

Opening brief filed in challenge to Wisconsin’s butter taste test

April 18, 2018 | By JOSHUA THOMPSON

We filed our opening brief in the appeal to our challenge to Wisconsin’s irrational butter grading law. I have written about this case a number of times, but the essence of the case is that Wisconsin has adopted an irrational and protectionist scheme to keep out-of-state artisanal butters from entering the Wisconsin market.  In order … ...