The Hill: Quarantines for out-of-state visitors exceeds governors’ emergency authority

July 14, 2020

At the end of June, the governors of New York, New Jersey and Connecticut announced that anyone coming into their states from other states identified as coronavirus “hot spots” — now up to 19 states — are required to quarantine themselves for 14 days. Ironically, Gov. Andrew Cuomo of New York earlier in the pandemic … ...

Luke Wake

July 14, 2020

Luke Wake is an attorney in Pacific Legal Foundation’s separation of powers practice. He litigates cases challenging agency rulemaking decisions as contrary to the Constitution’s structural protections for individual liberty. He is leading the effort to rein in the administrative state by reinvigorating the non-delegation doctrine—the ...

The limits of a governor’s emergency powers

July 14, 2020

Even in a public health emergency, the constitution still matters. That’s one lesson we can take from the restraining order issued by a California judge on June 12 halting one of Governor Gavin Newsom’s emergency orders. The ruling argued that Newsom’s order overstepped his office’s authority, infringing upon the legislature ...

California hair stylists and barbers should be allowed to work outside

July 16, 2020

Today the Pacific Legal Foundation sent a letter to California Governor Gavin Newsom and the Board of Barbers and Cosmetology urging them to allow barbers, hair salons, and other personal care services to offer their services outdoors. Governor Newsom recently announced that these businesses would be required to halt indoor services once again thro ...

Supreme Court postmortem: Recent decisions are a mixed bag for individual liberty and constitutional limits

July 17, 2020

While there’s typically significant fanfare surrounding each Supreme Court term, the Supreme Court’s latest decisions on environmental issues, property rights, the administrative state, and school choice were a decidedly mixed bag. Maui v. Hawaii Wildlife Fund Even though there are limits on what the Clean Water Act can regulate, itR ...

President Trump marks another milestone in regulatory reform

July 17, 2020

Washington, D.C.; July 17, 2020: On Wednesday, July 15, the White House announced a rule change that modernizes and streamlines the environmental review process under the National Environmental Policy Act. On Thursday, July 16, President Donald Trump hosted an event on the White House lawn with key stakeholders, including Pacific Legal Foundation, ...

The Orange County Register: Newsom, Cosmetology Board should open minds, heads, and doors to the great outdoors

July 17, 2020

On March 19, 2020, Gov. Newsom issued a stay-at-home and shutdown order, dramatically changing our way of life. The shutdown order was catastrophic for many businesses and their employees, and even worse for the personal services industry, as salons, barbershops, nail salons, and other personal care providers were among the last allowed to reopen. ...

Michigan Supreme Court ends home equity theft

July 17, 2020

Lansing, Michigan; July 17, 2020: In a momentous victory for homeowners and their property rights, the Michigan Supreme Court ruled today that counties may not steal the savings that people stored away in their homes.   Until today, counties could seize property from those who fall behind on their taxes — like Uri Rafaeli, whose ...

Governments should uphold separation of powers during COVID-19

July 20, 2020

As America begins to open up from the COVID-19 pandemic, various state and local stay-at-home orders, and the lifting of those orders, have been subject to legal challenges. Many of these lawsuits claim that government action violates the “separation of powers.” Yet there is confusion as to what that term means and how it impacts ̷ ...

The Hill: Smart regulatory reform is an achievable goal ― Idaho has shown the way

July 21, 2020

Government bureaucracies tend to grow and become more bloated and ineffective over time. Sometimes this seems like an inexorable law of nature, like gravity. But it doesn’t have to be that way. Regulatory inertia is not inevitable. Just look at Idaho, which has taken the lead in showing that reducing unnecessary regulation and limiting govern ...