Nebraska court greenlights challenge to one-size-fits-all disability care mandate
When a Nebraska agency tried to force every disability care provider in the state to use a single, costly training program, a company called Integrated Life Choices refused to let it go unchallenged. On Wednesday, their principled stand won validation from the District Court of Lancaster County, Nebraska, which denied the State's motion to dismissâ ...
Thoroughbred racehorse trainer filed a lawsuit in federal court to vindicate his Seventh Amendment rights
Horse training is in Phil Serpe's blood. He grew up volunteering at the Meadowlands Sports Complex and walking horses after school—and he has worked in the horse racing industry for almost 50 years, winning races in some of the country's biggest competitions. But in 2024, his successful career was scratched. The veteran horse trainer quickly f ...
SEC strikes again, targeting a municipal securities advisor through unconstitutional agency hearings
This week, Matthias O'Meara and Choice Advisors, LLC filed an appeal with the Tenth Circuit Court of Appeals, seeking restoration of their right to be heard by an independent judge and jury. O'Meara founded Choice Advisors to help charter schools raise money by issuing bonds. The company's first two clients launched successful bond issuances, an ...
With Chevron gone, states must finish the job on judicial deference
Across the country, a quiet but important shift is underway in how courts review administrative agency decisions. Nineteen states have ended judicial deference to administrative agencies (including Kansas just this week), either through legislation or state court decisions. More are poised to follow. Bills are currently pending in states like Alaba ...
Notice & Comment : Regulation by Adjudication Gives Agencies Maximum Flexibility in Wielding Their Powers
An e-cigarette manufacturer follows an arduous set of standards to get its market applications approved by the Food and Drug Administration (FDA). The company completes the process as outlined, but the FDA still denies its applications. Why? The FDA changed the rules on a dime after the fact, without public input, without following the rulemaking p ...
Agri-Pulse : USDA’s court system is unconstitutional
We Americans love to have our day in court. We go to court to challenge speeding tickets. We use the accountability of personal injury lawsuits to help ensure that businesses are acting responsibly. We sue the government when we're denied essential rights. We love to watch justice prevail in movies like "My Cousin Vinny" or "A Few Good Men." Even S ...
Experienced architect targeted by Nevada’s State Board of Architecture for allegedly practicing without a license
Last week, Pacific Legal Foundation filed a reply brief with the Nevada Supreme Court on behalf of Jeffrey Hagen—an experienced architect based in Sacramento, California. After alleging that he practiced without a license in Nevada, the Nevada State Board of Architecture fined Hagen $29,000, stripped him of his constitutional right to a jury t ...
American Heroes : Her family built a safe product. The government destroyed their business.
What happens when the federal government decides it doesn't like your product—even when it's safe, compliant, and trusted by families for years? On this episode of American Heroes, host Kathy Hoekstra sits down with Jamie Leach, a registered nurse and cofounder of Leachco, Inc. The Oklahoma-based business, run by Jamie's family, spent nearly f ...
Federal court hears case representing historic mining company stripped of Seventh Amendment rights
In 2024, a historic mining company found itself before an agency tribunal. The company represented itself, filing petitions with the Federal Mine Safety and Health Review Commission to deny and vacate the unconstitutional judgment. Instead of an independent courtroom with an independent judge and a neutral jury, the Secretary of Labor forced Americ ...