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Separation of Powers

July 02, 2020

American Resilience: Our nation was made to survive tough times like these

In a typical year, the Fourth of July would be an occasion to celebrate America's origins, history and future. Marking the anniversary of our nation's founding should be an opportunity for reflection on the past and optimism about where we're headed. But let's face it: 2020 is not a typical year. The last six months ...

June 24, 2020

Supreme Court must remind law enforcement that not even the police are above the law

In 2015, an armed shoplifter fleeing the police broke into the Lech family's home in Greenwood Village, Colorado. The shoplifter, who chose the Lech's house at random, refused to come out and opened fire on the cops outside. In response, local police used explosives, high-caliber ammunition and a battering ram mounted on a tank-like vehicle ...

June 11, 2020

Governments can’t use COVID-19 as an excuse for arbitrary and unconstitutional policies

This week, Pacific Legal Foundation filed a lawsuit in Connecticut challenging unconstitutional policies enacted in the wake of the COVID-19 pandemic. Until today, PLF has not filed lawsuits challenging shutdown and other emergency orders. As the country has struggled to flatten the curve of infections, our primary strategy has been challenging new ...

June 10, 2020

Daily Journal: The US Supreme Court’s giant Puerto Rico miss

In a decision issued June 1, the U.S. Supreme Court missed an opportunity to address an important question: Does the abuse of federal power require a meaningful remedy? The case, Federal Oversight & Management Board for Puerto Rico v. Aurelius Investment, 2020 DJDAR 5167, arose out of Puerto Rico’s recent financial meltdown. For decades, ...

June 09, 2020

Qualified immunity is a blank check for government overreach

The killing of George Floyd has sparked protests and discussions of race, police abuse, and criminal justice reform across the country. George Floyd's killing has also sparked discussions of a legal doctrine called "qualified immunity" that government bureaucrats and regulatory officers have used as a legal defense to violate people's rights. For d ...

June 09, 2020

The Hill: Trump’s ‘Regulatory Bill of Rights’ hasn’t gotten much attention — but it should

A recent executive order meant to free up the economy following the COVID-19-related lockdowns contains a little-noticed, but potentially powerful, long-term reform that should help rein in regulatory abuse that's commonplace throughout administrative agencies. Contrary to those who claim that these regulators merely enforce commonsense rules for t ...