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Separation of Powers

Hanke and Yoo v. Secretary Cardona

Educrats can’t ignore oversight board members appointed by the previous administration

In the final months of the previous administration, the president appointed several people to serve on the National Board for Education Sciences (NBES)—a board that advises officials within the agency on research and funding priorities. But the U.S. Department of Education refuses to deliver the appointees’ signed commissions, which are pro ...

Goodwood Brewing Company, LLC v. Beshear

Kentucky restaurants are challenging Gov. Beshear’s never-ending emergency powers

Since the pandemic began a year ago, Kentucky Governor Andy Beshear has used his emergency powers to unilaterally enact COVID-19-related policies. In February, the legislature overwhelmingly voted to rein in his authority, passing three bills to limit the governor’s use of pandemic-related emergency orders. Gov. Beshear immediately filed suit ...

Skipper v. U.S. Fish and Wildlife Service

Illegal critical habitat designation punishes family’s voluntary conservation efforts

The Skipper family has owned forestland in Clarke County, Alabama, since 1902, which it manages for timber production and conservation. In 1956 they established the Scotch Wildlife Management Area (WMA), agreeing to voluntarily open their land for the state’s wildlife conservation efforts and outdoor recreation. In February 2020, the U.S. Fis ...

Celeste Mohr, D.D.S., et al. v. Texas State Board of Dental Examiners et al.

Defending the right to practice teledentistry from state-sponsored protectionism

Dr. Celeste Mohr began practicing teledentistry as a way to pursue a livelihood while also staying at home to care for her two autistic children. She offers her remote dental consultations via TheTeleDentists, a startup teledentistry platform that offers direct-to-consumer services. As with other types of telemedicine, teledentistry uses video, pho ...

Crystal Waldron and Club 519 v. Governor Roy A. Cooper

North Carolina couple fights to save bar from governor’s unlawful COVID power grab

When the COVID-19 pandemic struck, North Carolina Governor Roy Cooper unilaterally declared a state of emergency that only he is authorized to end. Since then, the governor has issued a series of executive orders that allow nearly every establishment that sells alcoholic beverages to remain open but that force most private bars (establishments whic ...

Ghost Golf, Inc., et al. v. Newsom

Small businesses fight Gov. Newsom’s unlawful color-code shutdown scheme

At Ghost Golf in Fresno, the weeks leading up to Halloween mark the peak season for the haunted house-themed miniature golf center, earning enough money for owner Daryn Coleman and his family to weather the springtime slowdown. This year, however, Ghost Golf has been closed since March, haunted by Governor Gavin Newsom’s COVID-related busines ...

Skyworks Ltd. v. Centers for Disease Control; Chambless Enterprises, LLC v. Centers for Disease Control

Fighting the CDC’s national eviction ban to restore separation of powers

In early September, the Centers for Disease Control and Prevention (CDC) adopted an order that prohibits certain evictions for non-payment of rent. However, in its haste to enact and enforce a national eviction ban, the CDC overstepped its lawful authority by exercising legislative power reserved to Congress, and it did so at the expense of struggl ...

Christensen v. California Judicial Council

Fighting for property rights against California Judicial Council’s eviction ban

Eviction is a critical tool for landlords to manage their property by removing tenants who refuse to pay rent or create nuisances and safety hazards. The process allows landlords to remove tenants who deliberately withhold rent or damage property, so that they can aid tenants experiencing hardship and offer housing to good renters—a particularl ...

Ramirez et al. v. Lamont et al.

Connecticut nail salon owner fights for fair treatment under “shutdown” orders

In early March 2020, Luis Ramirez closed his Hartford, CT, nail salon, following Gov. Ned Lamont’s executive orders for statewide shutdown due to the COVID-19 pandemic. Luis and his wife, Rosiris, have since struggled to earn income and pay rent on their salon. When Luis and Rosiris thought they’d be able to reopen on May 20, they scrap ...

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