Issues & Insights : Why The U.S. Still Remains A Model For The Rest Of The World

September 19, 2023 | By LUKE WAKE

This summer, Israelis mobilized into rival factions in a contentious battle over Prime Minister Benjamin Netanyahu’s judicial reform proposals. These reforms would limit the Israeli court’s power to invalidate laws and give lawmaker’s greater control over judicial appointments. Proponents believe these reforms are needed to preven ...


Three Chevron Deference nightmares : What happens when courts defer to federal agencies

September 18, 2023 | By NICOLE W.C. YEATMAN

If a federal agency does something wrong to you—if bureaucrats penalize you for something you didn’t do, or cheat you out of something that should be yours—the courts should set things right. But sometimes, instead, a court will invoke Chevron Deference and defer to the federal agency.  Chevron Deference is a doctrine created by the  ...


Bloomberg Law : Department of Labor Oversteps Authority With Salary Rule

September 13, 2023 | By LUKE WAKE

The Department of Labor proposed an audacious rule that will dictate salary level requirements for 3.4 million employees without any clear authority. The rule would require employers to pay salaried employees at least $55,068 in annual compensation, which is an over 60% increase from the DOL’s current mandate that salaried employees must be p ...


EPA backs down from its outrageous claims against a Nebraska property owner

August 30, 2023 | By BRITTANY HUNTER

PLF clients Tom and Amy Villegas have reason to celebrate after the Environmental Protection Agency (EPA) backed down from its outrageous claim that the couple violated the Clean Water Act (CWA). An oasis in Nebraska Tom and Amy Villegas love the outdoors. While the couple calls Colorado home, they have a deep connection with the … ...


Mom celebrates victory after state drops bogus child neglect charge—but other parents are still at risk

August 11, 2023 | By BRITTANY HUNTER

An Arizona mother unjustly accused of child neglect has reason to celebrate, after a trial judge allowed the state’s Department of Child Safety to drop their charges against her.  In 2021, Pacific Legal Foundation client Sarra L* was unjustly accused of child neglect after she let her son play alone at a safe neighborhood park … ...


The executive branch is out of control

August 09, 2023 | By BRITTANY HUNTER

To safeguard the American people against tyranny, the Framers of our Constitution created a political system with three distinct branches of government—executive, legislative, and judicial—each tasked with its own unique and specific powers. To ensure that no one branch could usurp the role of another, a system of checks and balances was instit ...


Discourse Magazine : Fixing the Indian Child Welfare Act

August 01, 2023 | By ADI DYNAR

At the end of June, the Supreme Court issued its long-awaited ruling in Haaland v. Brackeen, deciding that the Indian Child Welfare Act (ICWA) and its controversially unequal treatment of Native American children in child custody disputes survives constitutional scrutiny—for now. However, the decision also serves as a call to reconsider the reaso ...


The Messenger : Will a New Jersey Commercial Fishing Company Upend the Administrative State?

July 23, 2023 | By ALISON SOMIN

If you were looking for someone to strike a crippling blow against the administrative state, you might not think to start with a small, family-owned commercial fishing company in New Jersey. But constitutional heroes are often surprising. And that’s the case with Loper Bright Enterprises. Their case — which the Supreme Court will hear this ...


The Messenger : How To Hold Unelected Officials Accountable? The Constitution’s Appointments Clause

July 16, 2023 | By MICHAEL POON

When you cast a vote for your chosen candidate, you are not only making your voice heard in one of our most cherished civic rituals but also endorsing the fundamental principle of democratic accountability, according to which, government officials are expected to be answerable to the people. Ensuring that the people remain in control of … ...