Jeremy Talcott

Attorney Sacramento

Jeremy Talcott joined the Pacific Legal Foundation in 2016. He focuses on property rights, administrative law, and the separation of powers and federalism principles that (ought to) define American government.

Jeremy obtained his undergraduate degree in Communications from the University of Central Florida, but for every minute he spent in classes, he spent five more playing guitar or bass in several noteworthy-for-their-obscurity rock and roll bands. A few tours across the country later, Jeremy realized that he was spending all of his free time reading about the principles of liberty and decided to make a career out of it.

He graduated cum laude from Chapman University, Fowler School of Law in Orange, California, where he was president of the Federalist Society, Senior Articles Editor of the Chapman Law Review, and “that guy who keeps trying to talk about the Constitution” of the Chapman Moot Court team. His two favorite parts of law school were externing for Judge Andrew J. Guilford in the Central District of California and getting the top grade in Administrative Law from his favorite professor.

Jeremy has one extremely funny veterinarian wife, two rambunctious twin boys, three hungry cats, two nervous dogs, and a large pile of unread books, all fighting for his attention. He and his wife are slowly working their way through IMDB’s list of the Top 250 Horror Films of All Time.

Likes: separation of powers, due process

Dislikes: deference, delegation

Desires: long walks in a freer country

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 ...

Robinson v. Wentzell

Race-based quotas in Connecticut schools are unconstitutional and hurt Black and Hispanic students

Hartford, Connecticut, runs a number of world-class magnet schools. Their success has led to the use of a lottery to decide who can attend. But under a state-mandated racial quota, enrollment must be at least 25 percent white or Asian. This means Black and Hispanic students are turned away if their admission would push minority enrollment above 75 ...

Nemhauser v. City of Mount Dora

City apologizes after violating First Amendment rights

What started as artistic expression in Mount Dora, Florida, escalated into a bureaucratic nightmare for Nancy Nemhauser and Lubomir Jastrzebski. When the couple painted a van Gogh-style “The Starry Night” mural on a wall outside their house, the city declared the art “graffiti” because it didn’t match the color of the ...

Santa Barbara Association of Realtors v. City of Santa Barbara and Santa Barbara City Council

Santa Barbara Violates Fourth Amendment Rights of Property Owners

Under an impermissibly vague Santa Barbara ordinance, home owners wishing to sell their residential property are required to allow the city to enter and conduct unconstitutional warrantless searches prior to sale. Failure to comply with this unconstitutional condition exposes the home owner to possible criminal and civil penalties. The Fourth Amend ...

Granat v. U.S. Department of Agriculture

Fighting to keep public lands open to all

Using the pretext of a transportation plan update, the U.S. Forest Service shut down thousands of previously accessible roads and trails—nearly 700 miles’ worth—within the Plumas National Forest. By forbidding any motor vehicle access, the policy prevents Amy Granat, who cannot walk unaided, from using a motorized vehicle to access vast a ...

Lucia v. Securities and Exchange Commission

Administrative concentration of judge-jury-executioner violates the Constitution

In 2012, the Securities and Exchange Commission charged Raymond Lucia and his former investment company with violating federal securities laws and regulations. He was prosecuted in an administrative enforcement action overseen by an Administrative Law Judge employed by the SEC. The ALJ permanently barred Mr. Lucia from working as an investment advi ...

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September 09, 2019

The First Amendment protects the emoji house and the ‘Starry Night’ house

A Manhattan Beach duplex with a unique paint job has been mired in controversy. A few months ago, Manhattan Beach resident Kathryn Kidd hired a local artist named Z the Art to paint her house in a bright pink color with a pair of cheeky emoji faces. While Kidd enjoys the house, her neighbors have ...

March 29, 2019

Ninth Circuit won’t rehear forced disclosure case

This morning the Ninth Circuit denied Americans for Prosperity Foundation’s petition for rehearing en banc in AFPF v. Becerra. For those who don’t remember, the Foundation sued over a California law that requires tax-exempt nonprofit organizations to hand over an IRS form that contains names and addresses of their donors. The trial cour ...

October 25, 2018

PLF urges SCOTUS review of Hurricane Katrina flooding case

By any measure, Hurricane Katrina was a disastrous natural catastrophe. But for many landowners in St. Bernard Parish, what might have been a damaging but survivable storm was transformed into total devastation by a series of government actions and omissions stretching back decades. Last week, we filed this amicus brief asking the Supreme Court to ...

September 11, 2018

Scope of government’s duty after groundwater ruling is unclear

Originally published in the Daily Journal, September 11, 2018. The 3rd District Court of Appeal recently ruled that the public trust doctrine can apply to groundwater extraction, but the court left some questions unanswered. A recent ruling in the 3rd District Court of Appeal will very likely increase environmental litigation in California and make ...

September 11, 2018

Ninth Circuit remains hostile to free association for conservative groups

This morning the Ninth Circuit released this opinion in Americans for Prosperity Foundation v. Becerra, a case about whether California can demand confidential donor forms from nonprofit organizations operating within the state. Twice the district court has found that the law violates  donors’ First Amendment rights of free speech and associ ...

August 29, 2018

California Court of Appeal imposes public trust obligations on groundwater well permits

This morning a California Court of Appeal issued an unfortunate opinion (although given the state of California courts, perhaps an unsurprising one) affirming in full a trial court decision that imposed public trust obligations on the County of Siskiyou’s issuance of groundwater well permits. The decision could have a significant negative imp ...

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