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.

Nashville Airbnb case continues

Back in October we reported that Nashville homeowners Rachel and P.J. Anderson had prevailed in their challenge to Nashville’s restrictive and unconstitutional limitation on short-term rentals. Unfortunately, instead of doing … ›

Federal legislation takes aim at cronyism

PLF’s Economic Liberty Project sues to protect individuals’ right to earn a living free of needlessly burdensome occupational licensing requirements. As Liberty Blog readers may recall, for instance, our client … ›

Ease occupational licensing, free people to work

Today we filed this comment letter with the FTC describing how easing occupational licensing would give Americans a pathway to prosperity.  The FTC has assembled an Economic Liberty Taskforce dedicated to addressing … ›

Minnesota Supreme Court abandons limits on tort liability

Last week, in Montemayor v. Sebright Products, Inc., a 4-3 majority of the Minnesota Supreme Court held that any “close” tort case must go to a jury. This case involves … ›

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme … ›

Occupational de-licensing in Connecticut

Earlier this week Connecticut removed occupational licensing, registration, and certificate requirements for several professions. The de-licensing of an occupation is especially notable because of its rarity. A 2015 study authored by Dr. Robert … ›

California Legislature to consider two bills that repeal the unconstitutional autograph law

Back in May, Pacific Legal Foundation filed a lawsuit on behalf of Book Passage and Bill Petrocelli. The lawsuit challenged a newly-enacted law that made the sale of autographed books … ›

Mark Hamill vs. Autographed Memorabilia: The Revenge of the Dark Side

Our friends at Reason have posted this excellent video on Mark Hamill’s effort to destroy small booksellers save kids from the menace that is fake Mark Hamill autographs.  Hamill’s legislative … ›

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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.

Nashville Airbnb case continues

Back in October we reported that Nashville homeowners Rachel and P.J. Anderson had prevailed in their challenge to Nashville’s restrictive and unconstitutional limitation on short-term rentals. Unfortunately, instead of doing … ›

Federal legislation takes aim at cronyism

PLF’s Economic Liberty Project sues to protect individuals’ right to earn a living free of needlessly burdensome occupational licensing requirements. As Liberty Blog readers may recall, for instance, our client … ›

Ease occupational licensing, free people to work

Today we filed this comment letter with the FTC describing how easing occupational licensing would give Americans a pathway to prosperity.  The FTC has assembled an Economic Liberty Taskforce dedicated to addressing … ›

Minnesota Supreme Court abandons limits on tort liability

Last week, in Montemayor v. Sebright Products, Inc., a 4-3 majority of the Minnesota Supreme Court held that any “close” tort case must go to a jury. This case involves … ›

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme … ›

Occupational de-licensing in Connecticut

Earlier this week Connecticut removed occupational licensing, registration, and certificate requirements for several professions. The de-licensing of an occupation is especially notable because of its rarity. A 2015 study authored by Dr. Robert … ›

California Legislature to consider two bills that repeal the unconstitutional autograph law

Back in May, Pacific Legal Foundation filed a lawsuit on behalf of Book Passage and Bill Petrocelli. The lawsuit challenged a newly-enacted law that made the sale of autographed books … ›

Mark Hamill vs. Autographed Memorabilia: The Revenge of the Dark Side

Our friends at Reason have posted this excellent video on Mark Hamill’s effort to destroy small booksellers save kids from the menace that is fake Mark Hamill autographs.  Hamill’s legislative … ›

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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.

Nashville Airbnb case continues

Back in October we reported that Nashville homeowners Rachel and P.J. Anderson had prevailed in their challenge to Nashville’s restrictive and unconstitutional limitation on short-term rentals. Unfortunately, instead of doing … ›

Federal legislation takes aim at cronyism

PLF’s Economic Liberty Project sues to protect individuals’ right to earn a living free of needlessly burdensome occupational licensing requirements. As Liberty Blog readers may recall, for instance, our client … ›

Ease occupational licensing, free people to work

Today we filed this comment letter with the FTC describing how easing occupational licensing would give Americans a pathway to prosperity.  The FTC has assembled an Economic Liberty Taskforce dedicated to addressing … ›

Minnesota Supreme Court abandons limits on tort liability

Last week, in Montemayor v. Sebright Products, Inc., a 4-3 majority of the Minnesota Supreme Court held that any “close” tort case must go to a jury. This case involves … ›

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme … ›

Occupational de-licensing in Connecticut

Earlier this week Connecticut removed occupational licensing, registration, and certificate requirements for several professions. The de-licensing of an occupation is especially notable because of its rarity. A 2015 study authored by Dr. Robert … ›

California Legislature to consider two bills that repeal the unconstitutional autograph law

Back in May, Pacific Legal Foundation filed a lawsuit on behalf of Book Passage and Bill Petrocelli. The lawsuit challenged a newly-enacted law that made the sale of autographed books … ›

Mark Hamill vs. Autographed Memorabilia: The Revenge of the Dark Side

Our friends at Reason have posted this excellent video on Mark Hamill’s effort to destroy small booksellers save kids from the menace that is fake Mark Hamill autographs.  Hamill’s legislative … ›

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.

Nashville Airbnb case continues

Back in October we reported that Nashville homeowners Rachel and P.J. Anderson had prevailed in their challenge to Nashville’s restrictive and unconstitutional limitation on short-term rentals. Unfortunately, instead of doing … ›

Federal legislation takes aim at cronyism

PLF’s Economic Liberty Project sues to protect individuals’ right to earn a living free of needlessly burdensome occupational licensing requirements. As Liberty Blog readers may recall, for instance, our client … ›

Ease occupational licensing, free people to work

Today we filed this comment letter with the FTC describing how easing occupational licensing would give Americans a pathway to prosperity.  The FTC has assembled an Economic Liberty Taskforce dedicated to addressing … ›

Minnesota Supreme Court abandons limits on tort liability

Last week, in Montemayor v. Sebright Products, Inc., a 4-3 majority of the Minnesota Supreme Court held that any “close” tort case must go to a jury. This case involves … ›

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme … ›

Occupational de-licensing in Connecticut

Earlier this week Connecticut removed occupational licensing, registration, and certificate requirements for several professions. The de-licensing of an occupation is especially notable because of its rarity. A 2015 study authored by Dr. Robert … ›

California Legislature to consider two bills that repeal the unconstitutional autograph law

Back in May, Pacific Legal Foundation filed a lawsuit on behalf of Book Passage and Bill Petrocelli. The lawsuit challenged a newly-enacted law that made the sale of autographed books … ›

Mark Hamill vs. Autographed Memorabilia: The Revenge of the Dark Side

Our friends at Reason have posted this excellent video on Mark Hamill’s effort to destroy small booksellers save kids from the menace that is fake Mark Hamill autographs.  Hamill’s legislative … ›