Direct Representation Cases:




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
April 27, 2022 | By JAMES BURLING

What is the difference between originalism vs. textualism vs. living constitutionalism?

While we hear legal debates around originalism vs. textualism during high profile Supreme Court cases, they can often feel like vague terms. What exactly is originalism vs. textualism?  The late Justice Antonin Scalia called himself both an originalist and a textualist. Justice Neil Gorsuch is cconsidered "a proud textualist," and yet he has calle ...

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 ...

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 ...

July 15, 2021 | By JAMES BURLING

PLF Victories Give Rise to New PLF Victories

In 1922, the Supreme Court relied on the doctrine of regulatory takings to rule that an excessive coal mining regulation violated the constitutional rights of the coal owner. This was a big win for property rights and should have had long-lasting implications. But, unfortunately, the idea that a regulatory taking violated the Constitution went into ...

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 ...

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 29, 2021 | By ALISON SOMIN

Washington Examiner: Supreme Court could rein in the administrative state

Could a Supreme Court opinion about the arcane question of hospital reimbursement rates deal a critical blow to the unconstitutional nature of the federal regulatory state? The narrow issue in America…

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 18, 2021 | By DEBORAH LA FETRA

Daily Journal: Washington agency boots Santa-clad right-to-work advocates

The Washington Department of Ecology allows public employee union representatives to communicate with workers in the building’s public lobby but enacted a new policy that bans the Freedom Foundation…

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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