Articles

Bloomberg Law : States’ Property Seizures Highlight Sovereign Immunity Question

September 13, 2024 | By DEBORAH LA FETRA

Similarly barred from suing the state under the Ninth Circuit’s interpretation of the sovereign immunity doctrine, Alison Cole-Kelly’s recently filed petition asks the court to grant the Gerlach petition as well as her own to resolve the sovereign immunity question once and for all. It is high time the Supreme Court does so. … ...

Articles

National Review : Supreme Court should revisit racial equity in high-school admissions

September 13, 2024 | By CHRIS KIESER

Racial balancing in competitive high school admissions is heading back to the Supreme Court. Just months after the Court declined to take up a parent group’s challenge to the admissions overhaul at then-top-ranked Thomas Jefferson High School for Science & Technology (TJ) in Fairfax, Virginia, another set of parents is waging a similar ba ...

Articles

PLF wins North America Liberty Award for defeating home equity theft at the Supreme Court

September 13, 2024 | By NICOLE W.C. YEATMAN

Pacific Legal Foundation’s 2023 Supreme Court victory in Tyler v. Hennepin County changed lives—and is now being recognized for advancing freedom and human progress in America.   For years, local governments across the country manipulated tax forfeiture laws to steal from vulnerable Americans—most of them ill, elderly, jobless, immigra ...

Articles

A single mother is asking the Michigan Supreme Court for the just compensation she is owed

September 12, 2024 | By BRITTANY HUNTER

In 2020, the Michigan Supreme Court affirmed that it was unconstitutional for counties to keep more than they’re owed when collecting property taxes through the foreclosure process. But that wasn’t necessarily the end of struggle for Michiganders. For some homeowners, the struggle to recover the just compensation they are owed is still ...

Articles

Discourse : In SEC v. Jarkesy, the Supreme Court Restored Core 7th Amendment Protections

September 05, 2024 | By OLIVER DUNFORD

It all began in 2013, when investment adviser George Jarkesy was accused by the Securities and Exchange Commission (SEC) of securities fraud. But instead of proving its case against Jarkesy to an independent judge and jury, SEC lawyers turned to an SEC tribunal and an SEC-employed administrative law judge to prosecute the defendant. When that R ...

Articles

Family-owned fishing company challenges unconstitutional Fishery Management Council

September 04, 2024 | By ADAM GRIFFIN

James and Dominick Russo are fishermen who earn their living off the Florida coast. But their livelihood is in jeopardy. James and Dominick have worked in the commercial fishing industry most of their lives. James, the older brother, has more than 30 years of experience under his belt. During the pandemic, the brothers moved to … ...

Articles

Yuval Levin’s American Covenant and the goal of the Constitution

August 30, 2024 | By MOLLY NIXON

In the first chapter of Yuval Levin’s new book, American Covenant, he describes the U.S. Constitution as “a terse patchwork of compromises.” Not a promising start, for the United States or for this reader, who has devoted a good amount of time to thinking about and debating the meaning of that patchwork.   But American … ...

Articles

Dallas Morning News : Austin restaurateur is challenging Labor Department’s overreach

August 30, 2024 | By NICOLE W.C. YEATMAN

Writing in The Dallas Morning News, Pacific Legal Foundation attorneys Luke Wake and Frank Garrison discuss the case of Robert Mayfield (which Luke argued at the U.S. Court of Appeals for the Fifth Circuit Court earlier this month).   From Luke and Frank’s op-ed:  As the owner of 13 Dairy Queen franchises in and around … ...

Articles

Nebraska Supreme Court rules homeowner must receive just compensation after falling prey to home equity theft

August 27, 2024 | By BRITTANY HUNTER

Two Pacific Legal Foundation clients have reason to celebrate this week as the Nebraska  Supreme Court ruled that Kevin Fair and Sandra Nieveen must be compensated for the equity the government took from them via home equity theft. This victory comes more than a year after Pacific Legal Foundation secured a unanimous victory at the … ...