Further analysis of Cal Supremes’ ruling on mandatory mediation and conciliation

The court’s ruling okaying this forced “collective bargaining” raises significant concerns for maintaining robust doctrines of equal protection and the separation of powers.

Weekly litigation report—December 2, 2017

Motion for summary judgment to be filed in Minerva Dairy, PLF testifies before Congress on WOTUS, and the California Supreme Court upholds compulsory interest arbitration for agricultural employers.

Minerva Dairy asks court to declare Wisconsin’s butter grading law unconstitutional

Today, PLF filed its opening brief on behalf of Minerva Dairy asking the federal district court to strike down Wisconsin’s butter grading law. Since we filed our complaint back in … ›

New ReasonTV video showcasing our American Indian art case

ReasonTV released a new video that showcases our client Peggy Fontenot and her case against the Attorney General of Oklahoma. If you’ll recall, last year, Oklahoma enacted a new law that limits who may market art as American Indian-made.

New paper highlights importance of New Jersey sports gambling case

The Competitive Enterprise Institute’s Michelle Minton has a new paper highlighting the importance of the Supreme Court ruling the right way in New Jersey’s challenge to the Professional and Amateur … ›

Georgia Supreme Court Upholds Anti-Competitive Law

On Monday, the Georgia Supreme Court issued its opinion in Women’s Surgical Center v. Berry, a case that challenged Georgia’s anti-competitive Certificate of Need (“CON”) laws. Certificate of Need laws, … ›

Oklahoma cannot stop American Indian artists from calling their art American Indian-made

For over 30 years, Peggy Fontenot has made, displayed, and sold American Indian art, often traveling the country to participate in American Indian art shows and festivals. Her specialty is … ›

Public comment reopened for federal wine labeling regulations

Over a year ago, I wrote about a pending federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulation that would remove certain common-sense labeling exceptions for wines sold within a … ›

New Jersey goes all in on the Constitution in sports betting case

Can Congress dictate to states what their own laws must be? Anyone familiar with federalism will likely immediately say “no.” Our Founders drafted a Constitution that preserved the independence of the the states, believing that dividing power between the federal government and the states would be a bulwark to protect our liberty. To preserve the Founders’ design, the Supreme Court has said that the federal government cannot “commandeer” the states by requiring them to adopt or enforce federal policy.

Yet the Professional and Amateur Sports Protection Act, passed by Congress in 1992, purports to tell most states—but not others—that they must forbid sports gambling. In particular, it forbids states from “authorizing” sports betting “by law,” which means that those states that forbade sports betting in 1992 must continue doing so forever. That’s unconstitutional.

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Further analysis of Cal Supremes’ ruling on mandatory mediation and conciliation

The court’s ruling okaying this forced “collective bargaining” raises significant concerns for maintaining robust doctrines of equal protection and the separation of powers.

Weekly litigation report—December 2, 2017

Motion for summary judgment to be filed in Minerva Dairy, PLF testifies before Congress on WOTUS, and the California Supreme Court upholds compulsory interest arbitration for agricultural employers.

Minerva Dairy asks court to declare Wisconsin’s butter grading law unconstitutional

Today, PLF filed its opening brief on behalf of Minerva Dairy asking the federal district court to strike down Wisconsin’s butter grading law. Since we filed our complaint back in … ›

New ReasonTV video showcasing our American Indian art case

ReasonTV released a new video that showcases our client Peggy Fontenot and her case against the Attorney General of Oklahoma. If you’ll recall, last year, Oklahoma enacted a new law that limits who may market art as American Indian-made.

New paper highlights importance of New Jersey sports gambling case

The Competitive Enterprise Institute’s Michelle Minton has a new paper highlighting the importance of the Supreme Court ruling the right way in New Jersey’s challenge to the Professional and Amateur … ›

Georgia Supreme Court Upholds Anti-Competitive Law

On Monday, the Georgia Supreme Court issued its opinion in Women’s Surgical Center v. Berry, a case that challenged Georgia’s anti-competitive Certificate of Need (“CON”) laws. Certificate of Need laws, … ›

Oklahoma cannot stop American Indian artists from calling their art American Indian-made

For over 30 years, Peggy Fontenot has made, displayed, and sold American Indian art, often traveling the country to participate in American Indian art shows and festivals. Her specialty is … ›

Public comment reopened for federal wine labeling regulations

Over a year ago, I wrote about a pending federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulation that would remove certain common-sense labeling exceptions for wines sold within a … ›

New Jersey goes all in on the Constitution in sports betting case

Can Congress dictate to states what their own laws must be? Anyone familiar with federalism will likely immediately say “no.” Our Founders drafted a Constitution that preserved the independence of the the states, believing that dividing power between the federal government and the states would be a bulwark to protect our liberty. To preserve the Founders’ design, the Supreme Court has said that the federal government cannot “commandeer” the states by requiring them to adopt or enforce federal policy.

Yet the Professional and Amateur Sports Protection Act, passed by Congress in 1992, purports to tell most states—but not others—that they must forbid sports gambling. In particular, it forbids states from “authorizing” sports betting “by law,” which means that those states that forbade sports betting in 1992 must continue doing so forever. That’s unconstitutional.

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Further analysis of Cal Supremes’ ruling on mandatory mediation and conciliation

The court’s ruling okaying this forced “collective bargaining” raises significant concerns for maintaining robust doctrines of equal protection and the separation of powers.

Weekly litigation report—December 2, 2017

Motion for summary judgment to be filed in Minerva Dairy, PLF testifies before Congress on WOTUS, and the California Supreme Court upholds compulsory interest arbitration for agricultural employers.

Minerva Dairy asks court to declare Wisconsin’s butter grading law unconstitutional

Today, PLF filed its opening brief on behalf of Minerva Dairy asking the federal district court to strike down Wisconsin’s butter grading law. Since we filed our complaint back in … ›

New ReasonTV video showcasing our American Indian art case

ReasonTV released a new video that showcases our client Peggy Fontenot and her case against the Attorney General of Oklahoma. If you’ll recall, last year, Oklahoma enacted a new law that limits who may market art as American Indian-made.

New paper highlights importance of New Jersey sports gambling case

The Competitive Enterprise Institute’s Michelle Minton has a new paper highlighting the importance of the Supreme Court ruling the right way in New Jersey’s challenge to the Professional and Amateur … ›

Georgia Supreme Court Upholds Anti-Competitive Law

On Monday, the Georgia Supreme Court issued its opinion in Women’s Surgical Center v. Berry, a case that challenged Georgia’s anti-competitive Certificate of Need (“CON”) laws. Certificate of Need laws, … ›

Oklahoma cannot stop American Indian artists from calling their art American Indian-made

For over 30 years, Peggy Fontenot has made, displayed, and sold American Indian art, often traveling the country to participate in American Indian art shows and festivals. Her specialty is … ›

Public comment reopened for federal wine labeling regulations

Over a year ago, I wrote about a pending federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulation that would remove certain common-sense labeling exceptions for wines sold within a … ›

New Jersey goes all in on the Constitution in sports betting case

Can Congress dictate to states what their own laws must be? Anyone familiar with federalism will likely immediately say “no.” Our Founders drafted a Constitution that preserved the independence of the the states, believing that dividing power between the federal government and the states would be a bulwark to protect our liberty. To preserve the Founders’ design, the Supreme Court has said that the federal government cannot “commandeer” the states by requiring them to adopt or enforce federal policy.

Yet the Professional and Amateur Sports Protection Act, passed by Congress in 1992, purports to tell most states—but not others—that they must forbid sports gambling. In particular, it forbids states from “authorizing” sports betting “by law,” which means that those states that forbade sports betting in 1992 must continue doing so forever. That’s unconstitutional.

Further analysis of Cal Supremes’ ruling on mandatory mediation and conciliation

The court’s ruling okaying this forced “collective bargaining” raises significant concerns for maintaining robust doctrines of equal protection and the separation of powers.

Weekly litigation report—December 2, 2017

Motion for summary judgment to be filed in Minerva Dairy, PLF testifies before Congress on WOTUS, and the California Supreme Court upholds compulsory interest arbitration for agricultural employers.

Minerva Dairy asks court to declare Wisconsin’s butter grading law unconstitutional

Today, PLF filed its opening brief on behalf of Minerva Dairy asking the federal district court to strike down Wisconsin’s butter grading law. Since we filed our complaint back in … ›

New ReasonTV video showcasing our American Indian art case

ReasonTV released a new video that showcases our client Peggy Fontenot and her case against the Attorney General of Oklahoma. If you’ll recall, last year, Oklahoma enacted a new law that limits who may market art as American Indian-made.

New paper highlights importance of New Jersey sports gambling case

The Competitive Enterprise Institute’s Michelle Minton has a new paper highlighting the importance of the Supreme Court ruling the right way in New Jersey’s challenge to the Professional and Amateur … ›

Georgia Supreme Court Upholds Anti-Competitive Law

On Monday, the Georgia Supreme Court issued its opinion in Women’s Surgical Center v. Berry, a case that challenged Georgia’s anti-competitive Certificate of Need (“CON”) laws. Certificate of Need laws, … ›

Oklahoma cannot stop American Indian artists from calling their art American Indian-made

For over 30 years, Peggy Fontenot has made, displayed, and sold American Indian art, often traveling the country to participate in American Indian art shows and festivals. Her specialty is … ›

Public comment reopened for federal wine labeling regulations

Over a year ago, I wrote about a pending federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulation that would remove certain common-sense labeling exceptions for wines sold within a … ›

New Jersey goes all in on the Constitution in sports betting case

Can Congress dictate to states what their own laws must be? Anyone familiar with federalism will likely immediately say “no.” Our Founders drafted a Constitution that preserved the independence of the the states, believing that dividing power between the federal government and the states would be a bulwark to protect our liberty. To preserve the Founders’ design, the Supreme Court has said that the federal government cannot “commandeer” the states by requiring them to adopt or enforce federal policy.

Yet the Professional and Amateur Sports Protection Act, passed by Congress in 1992, purports to tell most states—but not others—that they must forbid sports gambling. In particular, it forbids states from “authorizing” sports betting “by law,” which means that those states that forbade sports betting in 1992 must continue doing so forever. That’s unconstitutional.