Weekly litigation report — September 16, 2017

On Thursday, in Minnesota Voters Alliance v. Mansky, PLF filed this reply brief in support of its cert petition to the Supreme Court of the United States. In this case, we’re representing Minnesota voters in a First Amendment challenge to a ban on political apparel at polling places.

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

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.

Free speech at the University of Florida after Charlottesville

How should local public officials, be they police officers, city officials, or university presidents, protect First Amendment free speech rights when the safety of the public is put at risk … ›

PLF urges Supreme Court to review constitutionality of the Indian Child Welfare Act

PLF filed this friend of the court brief at the Supreme Court today, urging the Court to take Goldwater Institute‘s challenge to the Indian Child Welfare Act. In their petition, two … ›

Court refuses to halt Wisconsin's anti-competitive law on butter … for now

Minerva Dairy is an Ohio-based dairy that has sold its delicious artisanal butter to satisfied consumers in all 50 states. Recently, however, Wisconsin began enforcing a law designed to insulate … ›

Designating non-habitat as "critical habitat?" Where does it stop?

In 2014, the U.S. Fish and Wildlife Service listed the Gunnison sage-grouse as “threatened” under the Endangered Species Act and designated over 1.4 million acres as “critical habitat” in Colorado … ›

PLF sues U.S Fish and Wildlife to protect small businesses

There appears to be a universal recognition that small business is the lifeblood of our economy and a necessary component of our way of life: Economic freedom is the foundation … ›

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 … ›

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Weekly litigation report — September 16, 2017

On Thursday, in Minnesota Voters Alliance v. Mansky, PLF filed this reply brief in support of its cert petition to the Supreme Court of the United States. In this case, we’re representing Minnesota voters in a First Amendment challenge to a ban on political apparel at polling places.

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

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.

Free speech at the University of Florida after Charlottesville

How should local public officials, be they police officers, city officials, or university presidents, protect First Amendment free speech rights when the safety of the public is put at risk … ›

PLF urges Supreme Court to review constitutionality of the Indian Child Welfare Act

PLF filed this friend of the court brief at the Supreme Court today, urging the Court to take Goldwater Institute‘s challenge to the Indian Child Welfare Act. In their petition, two … ›

Court refuses to halt Wisconsin's anti-competitive law on butter … for now

Minerva Dairy is an Ohio-based dairy that has sold its delicious artisanal butter to satisfied consumers in all 50 states. Recently, however, Wisconsin began enforcing a law designed to insulate … ›

Designating non-habitat as "critical habitat?" Where does it stop?

In 2014, the U.S. Fish and Wildlife Service listed the Gunnison sage-grouse as “threatened” under the Endangered Species Act and designated over 1.4 million acres as “critical habitat” in Colorado … ›

PLF sues U.S Fish and Wildlife to protect small businesses

There appears to be a universal recognition that small business is the lifeblood of our economy and a necessary component of our way of life: Economic freedom is the foundation … ›

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 … ›

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Weekly litigation report — September 16, 2017

On Thursday, in Minnesota Voters Alliance v. Mansky, PLF filed this reply brief in support of its cert petition to the Supreme Court of the United States. In this case, we’re representing Minnesota voters in a First Amendment challenge to a ban on political apparel at polling places.

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

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.

Free speech at the University of Florida after Charlottesville

How should local public officials, be they police officers, city officials, or university presidents, protect First Amendment free speech rights when the safety of the public is put at risk … ›

PLF urges Supreme Court to review constitutionality of the Indian Child Welfare Act

PLF filed this friend of the court brief at the Supreme Court today, urging the Court to take Goldwater Institute‘s challenge to the Indian Child Welfare Act. In their petition, two … ›

Court refuses to halt Wisconsin's anti-competitive law on butter … for now

Minerva Dairy is an Ohio-based dairy that has sold its delicious artisanal butter to satisfied consumers in all 50 states. Recently, however, Wisconsin began enforcing a law designed to insulate … ›

Designating non-habitat as "critical habitat?" Where does it stop?

In 2014, the U.S. Fish and Wildlife Service listed the Gunnison sage-grouse as “threatened” under the Endangered Species Act and designated over 1.4 million acres as “critical habitat” in Colorado … ›

PLF sues U.S Fish and Wildlife to protect small businesses

There appears to be a universal recognition that small business is the lifeblood of our economy and a necessary component of our way of life: Economic freedom is the foundation … ›

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 … ›

Weekly litigation report — September 16, 2017

On Thursday, in Minnesota Voters Alliance v. Mansky, PLF filed this reply brief in support of its cert petition to the Supreme Court of the United States. In this case, we’re representing Minnesota voters in a First Amendment challenge to a ban on political apparel at polling places.

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

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.

Free speech at the University of Florida after Charlottesville

How should local public officials, be they police officers, city officials, or university presidents, protect First Amendment free speech rights when the safety of the public is put at risk … ›

PLF urges Supreme Court to review constitutionality of the Indian Child Welfare Act

PLF filed this friend of the court brief at the Supreme Court today, urging the Court to take Goldwater Institute‘s challenge to the Indian Child Welfare Act. In their petition, two … ›

Court refuses to halt Wisconsin's anti-competitive law on butter … for now

Minerva Dairy is an Ohio-based dairy that has sold its delicious artisanal butter to satisfied consumers in all 50 states. Recently, however, Wisconsin began enforcing a law designed to insulate … ›

Designating non-habitat as "critical habitat?" Where does it stop?

In 2014, the U.S. Fish and Wildlife Service listed the Gunnison sage-grouse as “threatened” under the Endangered Species Act and designated over 1.4 million acres as “critical habitat” in Colorado … ›

PLF sues U.S Fish and Wildlife to protect small businesses

There appears to be a universal recognition that small business is the lifeblood of our economy and a necessary component of our way of life: Economic freedom is the foundation … ›

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 … ›