Anastasia P. Boden

Attorney

Sacramento

Anastasia Boden is an attorney in PLF’s Economic Liberty Project, where she challenges anti-competitive licensing laws and laws that restrict freedom of speech.

Anastasia’s practice largely consists of representing entrepreneurs and small businesses who find themselves in a bureaucratic nightmare when simply trying to earn an honest living.  One of the most egregious examples of the laws she challenges are Competitor’s Veto laws, which essentially require entrepreneurs to get permission from their competitors before opening their doors.  Anastasia has represented moving, limousine and shuttle companies in Competitor’s Veto lawsuits across the country, achieving legislative reform in Montana, Pennsylvania, and West Virginia.

In addition to litigating, Anastasia testifies before legislatures on the impact of occupational licensing on entrepreneurship.  Her writings on all matters of law and liberty have been featured in the Washington Post, the Chicago Tribune, Forbes, and more.  In 2015, Anastasia was selected for the Claremont Institute’s prestigious John Marshall Fellowship.

A southern-California native, Anastasia earned her B.A. with Dean’s Honors from the University of California, Santa Barbara.  She was drawn east to attend law school at Georgetown, where she was Research Assistant to Professor Randy E. Barnett (aka the “Godfather” of the Obamacare challenge).  Prior to joining PLF, she worked at the Cato Institute’s Center for Constitutional Studies and at Washington Legal Foundation.

When not lawyering, Anastasia can be found playing classical piano, competing at board games, or watching Jeopardy!  She wants everyone to know that the Beatles are better than the Stones.

Anastasia Boden is an attorney in PLF’s Economic Liberty Project, where she challenges anti-competitive licensing laws and laws that restrict freedom of speech.

Anastasia’s practice largely consists of representing entrepreneurs and small businesses who find themselves in a bureaucratic nightmare when simply trying to earn an honest living.  One of the most egregious examples of the laws she challenges are Competitor’s Veto laws, which essentially require entrepreneurs to get permission from their competitors before opening their doors.  Anastasia has represented moving, limousine and shuttle companies in Competitor’s Veto lawsuits across the country, achieving legislative reform in Montana, Pennsylvania, and West Virginia.

In addition to litigating, Anastasia testifies before legislatures on the impact of occupational licensing on entrepreneurship.  Her writings on all matters of law and liberty have been featured in the Washington Post, the Chicago Tribune, Forbes, and more.  In 2015, Anastasia was selected for the Claremont Institute’s prestigious John Marshall Fellowship.

A southern-California native, Anastasia earned her B.A. with Dean’s Honors from the University of California, Santa Barbara.  She was drawn east to attend law school at Georgetown, where she was Research Assistant to Professor Randy E. Barnett (aka the “Godfather” of the Obamacare challenge).  Prior to joining PLF, she worked at the Cato Institute’s Center for Constitutional Studies and at Washington Legal Foundation.

When not lawyering, Anastasia can be found playing classical piano, competing at board games, or watching Jeopardy!  She wants everyone to know that the Beatles are better than the Stones.

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Personal Liberties

Vaping Litigation

The Constitution going up in vapor

Electronic nicotine delivery systems—vaping devices and e-cigarettes—first hit U.S. stores in 2007. It didn’t take long for vaping to jump from zero to a $5 billion domestic industry, as entrepreneurs quickly recognized a market hungry for an alternative to traditional cigarettes. In 2016, just as the burgeoning vaping industry was getting off the ground, the Food and Drug Administration (FDA) stepped in with a rule that deems e-cigarettes as tobacco products, and brand new, severe regulations that will only harm the industry and perhaps overall public health—contrary to the agency’s very mission. Using a unique legal theory, Pacific Legal Foundation is suing the FDA in three separate federal courtrooms—at the same time—on behalf of vape store owners and a harm reduction organization in several states who want to promote a more healthy alternative to smoking. The unconstitutional rule burdens these individuals and organizations in unique ways, but all are united in opposition to its continued enforcement. The FDA’s regulations are not only expensive and onerous, and prevent vaping entrepreneurs from fulfilling what they believe is a humanitarian mission of helping people, but the rule was illegal the second it hit the Federal Register.

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Personal Liberties

K.J. v. Minnesota State High School League

School athletics can’t turn kids away based on their sex

Kaiden Johnson loves competitive dance, and he is a valued member of the varsity dance team at Superior High School in Superior, Wisconsin. But the team primarily competes against high schools across the river in Duluth, Minnesota—and the Minnesota State High School League has a “girls only” policy for dance teams.

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Personal Liberties

Book Passage v. Becerra

Saving free speech one book at a time

In the wake of a First Amendment challenge by Bay Area book seller Bill Petrocelli and his renowned store, Book Passage, California has rescinded the state’s onerous “certificate of authenticity” requirement for the sale of autographed books. The regulation would have made it extremely risky, if not impossible, for stores to sell signed books or host author events.

Under the former law, sellers of any autographed good worth over $5—including books—were required to provide a Certificate of Authenticity that included details about the transaction and the personal information about buyers and previous owners. Any omission, or failing to maintain the records for seven years, resulted in outrageous fines. Following PLF’s lawsuit, the legislature passed AB 228, which exempts books from the mandates.

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Op-Ed

Why is Maryland imposing absurd regulations on entrepreneurs?

While most states are busy unleashing their entrepreneurs to create jobs and innovative services, Maryland is bucking the trend.

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By Anastasia P. Boden

Governor signs bill making book signings legal again

Bibliophiles and liberty lovers, rejoice! Governor Brown signed a bill that exempts books from California’s draconian autograph law.

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By Anastasia P. Boden

Speaking of the bane that is occupational licensing…

This week I sat down with FreedomWorks to talk about the egregious violation of economic liberty that is occupational licensing.

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By Anastasia P. Boden

California argues it can silence speech so long as it's super secretive about it

When the government engages in shady, unconstitutional behavior, it’s usually not forthcoming about it  As courts have observed, “the government rarely flatly admits,” for example, that “it is engaging in viewpoint discrimination”  Instead, it cloaks its discriminatory policies in “neutral” language, and asserts that it’s really trying to achieve some valid, non-discriminatory purpose  But that shouldn’t be good enough to avoid a constitutional lawsuit At least, that’s what we’re arguing in the Ninth Circuit in our case on behalf of non-profit advocacy organization ABC-CCC

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By Anastasia P. Boden

Licensed out: occupational licensing hurts, not helps

When Arty Vogt purchased a moving business with his wife Stephanie, he never thought that running it would be easy  But he certainly didn’t think that he’d be shut down simply because the existing businesses didn’t want to compete with him

Unfortunately, Arty operated in West Virginia, which required movers to obtain a “Certificate of Need”  The way Certificate of Need laws (the acronym, “CON law,” is apt) work is that not only must you apply for permission to run your business, you also have to prove to the government’s satisfaction that there’s a public “need” for your business  Worse, the government allows existing businesses to testify that they can

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By Anastasia P. Boden

Ease occupational licensing, free people to work

Today we filed this comment letter with the FTC describing how easing occupational licensing would give Americans a pathway to prosperity  The FTC has assembled an Economic Liberty Taskforce dedicated to addressing occupational licensing abuses, and is holding a roundtable today about how licensing affects people’s ability to move across state lines and find economic opportunity in new states  Our comment letter describes how a patchwork of burdensome licensing laws not only prevents people from moving to new places, they:

thwart[] the ability of entrepreneurs to use technological innovations to ply their trade across state lines In theory, it is now easier than ever to communicate with co-workers

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