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On Sept. 14, California voters head to the polls to decide Gov. Gavin Newsom's fate in a historic recall election. Perhaps the biggest motivating factor behind the recall effort is Newsom's aggressive COVID-19 pandemic response, in which he unilaterally issued orders for school, business and church closures; mask mandates; and other demands he judg ...

This article originally appeared in the Fall 2017 issue of Pacific Legal Foundation's quarterly magazine Sword&Scales. PLF exists to establish a rule of law under which all Americans may live free in their pursuit of happiness. We fight to preserve and advance the American ideals of individualism and liberty, and our mission has never been mor ...

What's at issue in this case?  The right to exclude trespassers is a fundamental part of property rights. California's unconstitutional access rule allows a favored third party, in this case unions, to invade a business's property for three hours a day, 120 days a year.   What's the law in question in the case?  Ced ...

The first Monday in October marked the opening of a new Supreme Court term. The Justices returned this week to conduct oral arguments by phone, as they had last spring. And aside from the phone line going dead for about a minute during argument on Tuesday, the Court and court watchers alike are settling into this new normal. Of course, many discuss ...

Quiz from the January 26 Docket newsletter. Who said each legal quote (Answers): (A) "I mean, are you just rearguing the point that the Court rejected?" — Chief Justice Roberts in Devillier oral arguments (B) "Modern connected humankind is trying to determine its position backwards." — Playwright David Mamet in an amicus brief ...

Should you need government permission to sell harmless, FDA-approved hearing aids? We filed this opening brief on appeal asking the U.S. Court of Appeals for the Eleventh Circuit to reinstate PLF client Dan Taylor's constitutional challenge against Florida's outdated hearing aid sales regulations. The law prohibits anyone from selling a hearing ai ...

Wolf listing upheld This week the San Diego County Superior Court ruled that the California Fish and Game Commission acted legally when it listed a single transient wolf as endangered under California's Endangered Species Act. Our clients, the California Cattlemen's Association and California Farm Bureau Federation, challenged the state listing ...

Oral argument held again in Knick at the Supreme Court On January 16, the Supreme Court heard reargument in Knick v. Scott Township, the case where Rose Knick sued her town after it declared the public could trespass on her property in order to search for some old stones, claimed to be colonial-era graves. Knick is seeking the right to sue in fe ...

"All animals are equal, but some animals are more equal than others." In Animal Farm, George Orwell described the hypocrisy of governments that proclaim the equality of their citizens but reserves to an elite group the ability to exercise power and enjoy special privileges. Our Constitution's First Amendment plainly states that Congress shall make ...