Direct Representation Cases:





Cedar Point Nursery v. Hassid

Supreme Court affirms property rights for California fruit growers

Cedar Point Nursery and Fowler Packing Company are California growers that produce fruit for millions of Americans. Collectively, they employ around 3,000 Californians. In 2015, the United Farm Workers (UFW) viewed the workers as ripe for the picking and sent union organizers to storm the workplaces during harvest time to encourage them to unionize ...

Pakdel v. City and County of San Francisco

Government can’t force tenants for life

Mr. Pakdel is a small business owner in Ohio. In 2009 he bought what’s known as a “tenancy in common” (TIC) apartment in San Francisco and leased it to a residential tenant. As part of the purchase, Pakdel signed an agreement with the other owners to convert the building’s six units into condominiums. But the City of San Fra ...

Freedom of Speech and Association
Nominal damages ensure more than symbolic vindication of constitutional rights
Freedom of Speech and Association
September 02, 20202020-09-02
Supreme Court of the United States
Separation of Powers
Courts should give relief to those hurt by illegal agency actions
Separation of Powers
September 23, 20202020-09-23
Supreme Court of the United States
Landowners EPA Compliance

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 ...

Freedom Foundation v. Washington Dept. of Ecology

State agency Scrooge violates Santa’s First Amendment rights

Each year around the holidays, Washington-based Freedom Foundation sends staff members to the lobbies of state agency buildings. These staffers—dressed as Santa—hand out leaflets that explain state employees’ right to opt out of union dues. Allowed by most agencies, the Washington Department of Ecology in 2017 instead prohibited the leafl ...

Warren Lent v. California Coastal Commission

Massive—and unconstitutional—beach access fines threaten family home

In 2016, the Lents received the California Coastal Commission’s first ever fine—$4.185 million—for blocking public access to the beach. The home sits 20 feet above the beach and, without stairs or a ramp, the public cannot safely get to the beach. The property originally included an outdoor stairway and a gate to block the large drop—bo ...

Adobe Stock

Zito v. North Carolina Coastal Resource Commission; Town of Nags Head

Fighting government’s blurred lines on property rights

All Michael and Cathy Zito wanted to do was rebuild their vacation cottage in Nags Head, North Carolina after fire destroyed it in 2016. But state and local governments denied building permits because the property is now within a no-build zone. The Zitos were left with the only vacant lot in a line of beach homes and can do little more than pitch a ...

August 31, 2021 | By DUNCAN SCHROEDER

This Supreme Court term was filled with surprising unanimous rulings in hot-button cases

In the American Bar Association's Preview magazine, Pacific Legal Foundation senior legal fellow Elizabeth Slattery authored a piece on the recently concluded Supreme Court term. In the article, she focuses on two major themes: First, the Court issued a multitude of rulings which were both unanimous and "narrow"; second, that the so-called conserva ...

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 ...

July 01, 2021 | By DEBORAH LA FETRA

What the Pakdel v. City and County of San Francisco win means for property rights cases moving forward

On Monday, the United States Supreme Court announced that courts must hear our case Pakdel v. City and County of San Francisco, which challenges a San Francisco ordinance that forces land owners to provide lifetime leases to tenants. In the Court's opinion, they removed barriers to bringing property rights cases in federal court. In 2009, Peyma ...

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 ...

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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