Direct Representation Cases:

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Mike and Chantell Sackett speak about their land usage fight with the Environmental Protection Agency

Sackett v. Environmental Protection Agency

Property owners challenge EPA’s navigable waters overreach

One of the longest-running legal battles in the history of the Clean Water Act doesn’t involve mega-polluters dumping toxic chemicals into America’s major rivers and lakes. Rather, it involves a couple who wanted to build a home on less than an acre of land in a residential neighborhood. And now, that case could have ramifications for p ...

Wilkins v. United States of America

Government bait-and-switch tramples on property rights and peace of mind

Wil Wilkins and Jane Stanton live next to Montana’s Bitterroot National Forest. A road that crosses both of their properties is the result of a limited-use easement granted to the U.S. Forest Service by the properties’ previous owners in 1962. The general public is not supposed to use the road, but in 2006 the Forest Service began adver ...

Equality Under the Law
Colleges and universities cannot discriminate based on race in their admissions processes
Equality Under the Law
December 14, 2021 2021-12-14
Supreme Court of the United States
Equality Under the Law
Ending discrimination against Asian-Americans at Harvard
Equality Under the Law
April 21, 2020 2020-04-21
United States First Court of Appeals
July 15, 2022 | By JAMES BURLING

Apocalypse not: What West Virginia v. EPA really means

On July 5, Axios not-so-subtly warned us that "the Supreme Court's next target is the executive branch." The Guardian's headline was even more stark: "The U.S. Supreme Court has declared war on the Earth's future."   With headlines like these, you might think we're experiencing the end times. Or, as Imagine Dragons put it in ...

July 07, 2022 | By PAIGE GILLIARD

With West Virginia v. EPA, the Supreme Court is holding Congress accountable

After the Supreme Court announced its 6-3 ruling in West Virginia v. EPA, many accused the Court of "destroying environmental protections" (Vox) and "leaving Biden with few tools to combat climate change (The New York Times).   But as several PLF attorneys told the media this week, the West Virginia decision actually restores the power ...

June 08, 2022 | By BRITTANY HUNTER

The legacy of Plessy v. Ferguson 130 years later

On June 7, 1892, Homer Plessy, a 30-year-old shoemaker from New Orleans, walked up to the Press Street Depot ticket counter and bought a first-class seat on the 4:15 p.m. train.   There was nothing particularly extraordinary or even interesting about a man buying a ticket on the East Louisiana Local, as any onlooker would ...

June 07, 2022 | By JEFF MCCOY

Wilkins v. United States: Another PLF case goes to the Supreme Court

The Supreme Court agrees to hear oral arguments in only about 70 cases each term. Those 70 cases are selected for review from a flood of roughly 7,000-8,000 cert petitions. Next term, two of those cases will be Pacific Legal Foundation cases: Sackett v. EPA, which the Supreme Court accepted for review in January, and ...

April 21, 2022 | By JAMES BURLING

Emergency orders and the Supreme Court’s ‘shadow docket’

Schoolchildren are not known for their patience. But sometimes they have good reason to want something not next year, not next month, but now. Such as when their futures are on the line before the Supreme Court.   The slow Supreme Court process  In normal circumstances, it takes more than a year for the Supreme ...

April 11, 2022 | By NICOLE W.C. YEATMAN

The Supreme Court is beholden to the Constitution—not voters 

In his April 8 New York Times column, Jamelle Bouie accuses the Supreme Court of being focused on "the interests and prerogatives of powerful political minorities—you might call them factions—that seek to dominate others free of federal interference."   Bouie says that Americans frustrated with the Court might wish to get rid of judicial revi ...

March 21, 2022 | By JAMES BURLING

Senators shouldn’t treat Supreme Court confirmation hearings as theater 

It is with some trepidation that the nation approaches the Supreme Court confirmation hearings for Judge Ketanji Brown Jackson, which begin today. Will these hearings descend into a Twitter-mobbing reality TV show, or will they focus on the qualifications of Judge Jackson?   Americans have good reason to pay attention. For better or worse, the re ...

September 30, 2021 | By DUNCAN SCHROEDER

Justice Breyer thinks court packing is a bad idea. We agree.

During the tour to promote his new book, The Authority of the Court and the Peril of Politics, Supreme Court Justice Stephen Breyer voiced his opposition to court packing. In an interview with NPR, Breyer bashed the idea of Congress "packing" the Court with extra seats in an attempt to change the ideological direction of ...

August 27, 2021 | By LUKE WAKE

Supreme Court sides with landlords and PLF, secures an injunction against CDC's eviction moratorium

Yesterday the U.S. Supreme Court issued a decision in Alabama Association of Realtors v. Department of Health and Human Services, affirming what Pacific Legal Foundation has argued on behalf of landowners for nearly a year—that the Centers for Disease Control and Prevention lacked the constitutional authority to enforce its nationwide eviction mo ...

June 23, 2021 | By PLF

The Supreme Court delivers a victory for property rights in Cedar Point Nursery v. Hassid

Today, the Supreme Court of the United States issued a victory for property owners with their decision in Cedar Point Nursery v Hassid. The Supreme Court affirmed that the government cannot force people to allow third parties to trespass on their property. In 2015, union activists stormed Cedar Point Nursery to harass the farm workers ...

July 18, 2022 | By DEBORAH LA FETRA

The Hill: Federal agencies lay the groundwork to ignore the Supreme Court

In Weyerhaeuser v. U.S. Fish and Wildlife Service, the Supreme Court held that land designated by the U.S. Fish and Wildlife Service as “critical habitat” under the Endangered Species Act (ESA) mu…

July 15, 2022 | By ANASTASIA BODEN

SCOTUSblog: With Justice Breyer’s retirement, the court loses a pragmatist (and some laughs)

Perhaps one of the worst accusations that can be thrown at a judge is that they’re inconsistent, since it implies that the judge is ruling according to his or her whim rather than the rule of law. F…

February 14, 2022 | By ALISON SOMIN

The Hill: No, plaintiff wins in the Harvard and UNC cases wouldn’t be undemocratic

Would a win for the plaintiffs challenging race-preferential admissions at Harvard and the University of North Carolina be an anti-democratic result — an example of how, as progressive legal comment…

January 10, 2022 | By TODD GAZIANO

The Hill: Congressional action shows OSHA vaccine mandate is a bald-faced power grab

Presidents of both parties wrongly have expanded the unilateral executive policy playbook, but President Biden and House Speaker Nancy Pelosi (D-Calif.) are still teaching a master class in unaccounta…

January 3, 2022 | By CALEB KRUCKENBERG

The Hill: The FTC’s rebellion against the judiciary

The Federal Trade Commission (FTC) must be held accountable for its open defiance of the Supreme Court’s directives. For decades, the FTC relied on a statute authorizing “permanent injunctions” …

December 16, 2021 | By ALISON SOMIN

Daily Journal: Harvard admissions case gives high court chance to revitalize equal treatment

Should racial preferences in university admissions be legal? The U.S. Supreme Court has an opportunity to revisit that hotly debated question if it decides to take up Students for Fair Admissions v. H…

October 05, 2021 | By OLIVER DUNFORD

Capital Press: Supreme Court should guarantee property owners their due process rights

The free, non-harmful, and productive use of private property is a cornerstone of the American Dream. And proper regulation, to prevent harmful uses of property, is consistent with this principle. But…

October 04, 2021 | By JAMES BURLING

The Hill: Soon to be blockbuster cases from the Supreme Court

The Supreme Court convenes today for the start of its October 2021 term, in person for the first time since March 2020, when the pandemic drove the justices to — literally — phone it in. This year…

September 27, 2021 | By DAMIEN SCHIFF

The Hill: Supreme Court should revisit its 2006 navigable waters decision

Nearly 15 years ago, the efforts of Chantell and Mike Sackett to build their family home in a residential neighborhood of Priest Lake, Idaho, were put on indefinite hold. That is because the Environme…

July 16, 2021 | By JEREMY TALCOTT

Daily Journal: The High Court upholds nonprofit donors’ constitutional right to privacy

To anyone considering donating to a nonprofit organization (and I know a few good ones!), I have some great news: The U.S. Supreme Court has upheld your constitutional right to privacy of association….

July 06, 2021 | By DEBORAH LA FETRA

The Hill: Supreme Court

According to recent surveys, free speech is losing favor among college students. While supporting free expression in general terms, students prefer to carve out exceptions to censor speech that offend…

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