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Issue: Procedural Guarantees

The Constitution establishes a separation of powers and express guarantees of due process. The fight for liberty is often a matter of ensuring that those who govern us do not exceed their constitutionally limited authority when enacting and enforcing the law.

At PLF, we: fight to end the modern administrative state, including limiting judicial deference to legislative and administrative judgments; restore separation of powers against improper delegation of authority to bureaucrats; define the limited scope of federal power under the Commerce Clause; revive the doctrine of enumerated powers; and ensure due process of law.

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Taylor v. Polhill, et al

Weekly litigation report — June 16, 2018

Victory for the First Amendment! Challenging Florida’s Tone Deaf Hearing Aid Bureaucrats Supreme Court Splits on Salmon Santa Barbara Association of Realtors v. City of Santa Barbara Victory for the … ›

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Weekly litigation update — June 9, 2018

Coastal Commission challenged on “yurt” condition This week we filed an amicus brief in the California court of appeal to support the San Diego Port District’s challenge to a Coastal … ›

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Preserve Responsible Shoreline Management (PRSM) v. City of Bainbridge Island; Olympic Stewardship Foundation (OSF) v. Growth Management Hearings Board

Can an administrative agency strip you of your right to put on evidence?

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an … ›

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The defense of liberty requires an engaged judiciary

Legislatures relentlessly pushed for more power over the economy throughout the 20th century, and judges let it happen.

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A gift? You shouldn’t have!

Public employee unions and sympathetic legislatures in many states have combined to perpetuate union power. One way they do this is by getting government employers – like a school district … ›

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A due process right to a refund

If a state illegally taxes you, and you successfully sue to recover the money, does the state have to refund the taxes? Oddly enough, the answer to this question may … ›

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Waters of the United States

Weekly litigation report — June 2, 2018

Happiness is a burger on a warm bun, a cold draft beer and freedom of speech Courts shouldn’t look the other way when federal agencies seize power Congress never gave them … ›

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If courts are ever going to strike down an illegal national monument, this’ll be it

Often, it seems the federal government has it out for the English language. The President and federal agencies routinely twist the words in statutes beyond recognition. For instance, PLF has … ›

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Epic Systems, Inc. v. Lewis

A victory for freedom of contract

In the federal statute heavyweight championship bout between the 1925 Federal Arbitration Act (FAA) and the New Deal’s 1935 National Labor Relations Act (NLRA), the Supreme Court today declared a winner: The Federal Arbitration Act by a knockout!

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