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Connecticut Parents Union v. Wentzell

Race-based quotas in Connecticut schools hurt Black and Hispanic students

Each year, world-class magnet schools in Connecticut deny admission to thousands of deserving children while leaving available seats empty—because of skin color. State law requires magnet schools’ enrollment to be at least 25 percent white or Asian. This means Black and Hispanic students are turned away if their admission would push minorit ...

Christa McAuliffe PTO v. de Blasio

Stopping New York’s attempt to discriminate against Asian-American students

Feeling that New York City’s eight specialized high schools contain too many Asian students, Mayor Bill de Blasio is changing an admissions program to limit the ability of students to get into predominately Asian-American schools. However, his so-called racial balancing effort will squeeze out Asian students—nearly three-quarters of whom co ...

Robinson v. Wentzell

Race-based quotas in Connecticut schools are unconstitutional and hurt Black and Hispanic students

Hartford, Connecticut, runs a number of world-class magnet schools. Their success has led to the use of a lottery to decide who can attend. But under a state-mandated racial quota, enrollment must be at least 25 percent white or Asian. This means Black and Hispanic students are turned away if their admission would push minority enrollment above 75 ...

Vaping Litigation

The Constitution going up in vapor

Electronic nicotine delivery systems—vaping devices and e-cigarettes—first hit U.S. stores in 2007. It didn’t take long for vaping to jump from zero to a $5 billion domestic industry, as entrepreneurs quickly recognized a market hungry for an alternative to traditional cigarettes. In 2016, just as the burgeoning vaping industry was gettin ...

Bears Ears National Monument Litigation

Defending public lands access for all

In December 2016, under cover of the Antiquities Act, President Obama unilaterally created the 1.35 million acre Bears Ears National Monument. One year later, President Trump slashed the size of the monument by 85 percent—to around 200,000 acres, freeing up more than one million acres for public use. Outerwear retailer Patagonia, environmental gr ...

Minnesota Voters Alliance v. Mansky

Victory for Free Speech! U.S. Supreme Court ruling protects political self-expression

The U.S. Supreme Court struck down a polling-place dress code in Minnesota, upholding free speech rights across the nation and protecting the right of Americans to peacefully express their political views at the polls. PLF represented Minnesota voters, including Andy Cilek, who showed up at his polling place wearing a t-shirt that read “Don& ...

Elderly man in library Book Passage v. Becerra

Saving free speech one book at a time

In the wake of a First Amendment challenge by Bay Area book seller Bill Petrocelli and his renowned store, Book Passage, California has rescinded the state’s onerous “certificate of authenticity” requirement for the sale of autographed books. The regulation would have made it extremely risky, if not impossible, for stores to sell ...

Weyerhaeuser/Markle v. U.S. Fish and Wildlife Service

Government-sanctioned private land grabs over absent animals are illegal

The U.S. Supreme Court opened its fall term on October 1, 2018, with the famous “frog case” out of Louisiana. That’s where federal regulators declared more than 1,500 acres of private land as a critical habitat for the dusky gopher frog—a species not seen in the state for more than 50 years. PLF client Edward Poitevent owns 95 p ...

California Cattlemen’s Association v. California Fish and Game Commission

Wandering lone wolf in California triggers “endangered” listing

Based on the sighting of a lone non-native gray wolf in California, the state Fish and Game Commission listed the gray wolf species under the California Endangered Species Act, effective January 1, 2017. On behalf of the California Cattlemen’s Association, the California Farm Bureau Federation, and their members, PLF sued to invalidate this i ...

Cherk Family Trust v. County of Marin, California

Marin County punishes elderly property owners with unconstitutional fees

When Dart and Esther Cherk needed to supplement their retirement income, they decided to split a three-acre vacant lot in Marin County that had been in the family for six decades in order to sell both halves. As a condition of the lot split, however, the county demanded that they pay $40,000 as an “affordable housing” fee. … ...

Granat v. U.S. Department of Agriculture

Fighting to keep public lands open to all

Using the pretext of a transportation plan update, the U.S. Forest Service shut down thousands of previously accessible roads and trails—nearly 700 miles’ worth—within the Plumas National Forest. By forbidding any motor vehicle access, the policy prevents Amy Granat, who cannot walk unaided, from using a motorized vehicle to access vast a ...

E.L. v. Voluntary Interdistrict Choice Corporation

Racially discriminatory law keeps talented ten-year-old boy from staying in his charter school

As part of a decades-old desegregation lawsuit settlement in St. Louis, Missouri, the Voluntary Inderdistrict Choice Corporation (VICC) enacted a policy for city and county schools that prohibits African-American students who live in the county from transferring into magnet and charter schools within the St. Louis city limits. White students may tr ...

Center for Biological Diversity v. Bernhardt

Victory! Federal Court dismisses challenge to Congressional Review Act

PLF scored another victory against bureaucratic overreach on May 9, when the federal court in Alaska dismissed a lawsuit challenging the constitutionality of the Congressional Review Act (CRA). At issue in this lawsuit was a regulation known as the Refuges Rule, which greatly restricted access to and use of land within Alaskan Wildlife Refuges. Con ...

Lucia v. Securities and Exchange Commission

Administrative concentration of judge-jury-executioner violates the Constitution

In 2012, the Securities and Exchange Commission charged Raymond Lucia and his former investment company with violating federal securities laws and regulations. He was prosecuted in an administrative enforcement action overseen by an Administrative Law Judge employed by the SEC. The ALJ permanently barred Mr. Lucia from working as an investment advi ...

S.S. v. Colorado River Indian Tribes

Federal law deprives American Indian children of the “best interest of the child” standard in custody determinations

Congress enacted the Indian Child Welfare Act (ICWA) to address the problem of unjustified removal of Indian children from their parents by “nontribal public and private agencies” and their placement in “non-Indian foster and adoptive homes and institutions.” That concern is absent in a private action for termination of pare ...

Associated Builders and Contractors-California Cooperation Committee v. Becerra

California law allows unions to shut down speech contrary to their policy preferences

California law requires contractors on public projects to pay employees the “prevailing wage” (generally equal to a union wage) through a combination of cash wages and other benefits, including making donations to “industry advancement” advocacy organizations. A new law allows only pro-union organizations to receive such don ...

Goodwin v. Walton County, Florida

New Florida law ends unconstitutional land grab

Under a new Florida law, signed on March 23, 2018, Walton County, Florida, can no longer try to steal free access to private property. County officials had enacted an ordinance banning signs on privately owned beaches, in hopes of allowing the public to trespass on private beaches without having to pay for the use. County officials threatened PLF c ...

Gunderson v. State of Indiana; LBLHA, LLC v. Town of Long Beach, Indiana

Grabby, grabby! Indiana takes private lakefront property for public sunbathing and volleyball

The state of Indiana and some Indiana towns bordering Lake Michigan declared privately-owned lakefront property to be public land and invited the public to engage in recreational activities on it. The property owners sued because their dry beach property, for which they own the title deed and on which they pay taxes, is not subject to the “pu ...

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