Wen Fa

Attorney

Sacramento

Wen Fa is an attorney at PLF’s national headquarters. He has litigated numerous direct-rep cases dealing with private property, equality under the law, school choice, economic liberty, and the First Amendment.

Wen’s clients include Edmund, a black fourth-grade boy who wants the chance to attend the same schools as his white neighbors; Adam, a fifth-generation business owner who wants to sell his artisanal butter to Wisconsin consumers; and Andy, a voter who wants to wear a shirt with the words “don’t tread on me” when he votes.

Wen has promoted liberty through speeches to Tea Party groups and a panel debate at Berkeley Law. Wen has appeared on radio over a dozen times, and has been quoted in Reason Magazine. He has published a scholarly article in the William and Mary Bill of Rights Journal and shorter pieces in newspapers, PLF’s blog, and Fa on First. He is a member of the PLF’s hiring committee and co-manages the summer clerkship program.

Wen holds a Bachelor’s from the University of Texas at Dallas, a Master’s in Political Theory from the London School of Economics, where he studied under libertarian scholar Chandran Kukathas.  Wen graduated from the University of Michigan Law School in 2013, and worked at Human Rights Initiative in Dallas and Institute for Justice in Austin before joining PLF. Wen is licensed to practice law in California, Texas, and several federal courts, including the Supreme Court of the United States.

Wen is the founder of the Sacramento Chapter of America’s Future Foundation, and a board member of the Sacramento Lawyers Chapter of the Federalist Society.

Outside of work, Wen likes to exercise, play sports, and tell jokes.

Wen Fa is an attorney at PLF’s national headquarters. He has litigated numerous direct-rep cases dealing with private property, equality under the law, school choice, economic liberty, and the First Amendment.

Wen’s clients include Edmund, a black fourth-grade boy who wants the chance to attend the same schools as his white neighbors; Adam, a fifth-generation business owner who wants to sell his artisanal butter to Wisconsin consumers; and Andy, a voter who wants to wear a shirt with the words “don’t tread on me” when he votes.

Wen has promoted liberty through speeches to Tea Party groups and a panel debate at Berkeley Law. Wen has appeared on radio over a dozen times, and has been quoted in Reason Magazine. He has published a scholarly article in the William and Mary Bill of Rights Journal and shorter pieces in newspapers, PLF’s blog, and Fa on First. He is a member of the PLF’s hiring committee and co-manages the summer clerkship program.

Wen holds a Bachelor’s from the University of Texas at Dallas, a Master’s in Political Theory from the London School of Economics, where he studied under libertarian scholar Chandran Kukathas.  Wen graduated from the University of Michigan Law School in 2013, and worked at Human Rights Initiative in Dallas and Institute for Justice in Austin before joining PLF. Wen is licensed to practice law in California, Texas, and several federal courts, including the Supreme Court of the United States.

Wen is the founder of the Sacramento Chapter of America’s Future Foundation, and a board member of the Sacramento Lawyers Chapter of the Federalist Society.

Outside of work, Wen likes to exercise, play sports, and tell jokes.

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Personal Liberties

Rentberry v. City of Seattle

Seattle’s unconstitutional rent-bidding law blocks innovation, free speech

Rentberry is a small San Francisco-based startup that connects landlords and renters through a rent-bidding website. The company hopes to expand its service to Seattle, however city council adopted a one-year moratorium on the service over concerns it might violate existing rental law and might inflate housing costs—despite no evidence that either is true. Pacific Legal Foundation has filed a federal lawsuit on behalf of Rentberry, arguing the moratorium prohibits free speech rights of Rentberry, as well as the landlords and renters who would like to use such sites to communicate.

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Personal Liberties

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% white or Asian. This means Black and Hispanic students are turned away if their admission would push minority enrollment above 75%—even if seats remain empty. Representing seven Hartford families, PLF sued to restore the constitutional rights of Black and Hispanic students to have the same educational opportunities as all children in Connecticut.

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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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By Wen Fa

California agency refuses to comply with California Endangered Species Act

You’d think that California would want to comply with laws that protect the environment. But that’s not always the case. The California Endangered Species Act (CESA) requires the California Department … ›

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By Wen Fa

Supreme Court declines to review an important First Amendment case

The First Amendment prohibits the government from silencing messages it doesn’t like. Yet San Francisco is doing exactly that with its sign ordinance. Under the ordinance, businesses can put up … ›

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By Wen Fa

How many times can California violate the law? At least 231.

The government doesn’t usually admit that it has failed to follow the law. Yet the California Department of Fish and Wildlife did just that, and acknowledged that it has failed … ›

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By Wen Fa

Wednesday: PLF argues First Amendment case before the Supreme Court

On Wednesday, the Supreme Court will hear PLF’s First Amendment challenge in Minnesota Voters Alliance v. Mansky. The case involves a Minnesota law that allows the government to fine voters … ›

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By Wen Fa

PLF events on Minnesota Voters Alliance v. Mansky

On February 28, PLF will present oral argument in an important First Amendment case before the Supreme Court of the United States. In Minnesota Voters Alliance v. Mansky, PLF is … ›

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By Wen Fa

PLF’s Wen Fa speaks to Sacramento Federalist Society on PLF’s Supreme Court case

We’re fighting for all voters, no matter what their views, no matter where they live, for their First Amendment right to free speech.

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