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Tag: Arizona

March 13, 2018

New empirical study on regulation of landscape contractors

More and more people are becoming aware of the expansive and burdensome legal barriers that nearly a third of Americans encounter when seeking to earn a living in the profession of their choice. The most onerous of these barriers is the occupational license. Occupational licensing is typical in professions with serious health and fraud risks ...

July 07, 2017

Courts should look to voters’ intent when interpreting constitutional limitations on taxation

Yesterday, Pacific Legal Foundation, along with the Howard Jarvis Taxpayers Association and the Green Valley Hospital, filed an amicus brief in support of a group of Arizona legislators who are challenging the imposition of a hospital tax to pay for state Medicaid expansion. The charge at issue, which was passed by a simple majority of ...

August 12, 2015

Arizona's crazy abusive civil forfeiture law

Many states throughout the country have terribly abusive and unconstitutional civil asset forfeiture laws. These laws unfairly stack the deck against innocent property owners by presuming their property is guilty of a crime and forcing the owner to prove innocence to get it back. But Arizona goes one step further. Any property owner that tries ...

December 31, 2014

Arizona Supreme Court rules that legislators can challenge Gov. Brewer’s illegal Medicaid tax

The Arizona Supreme Court said goodbye to outgoing governor Jan Brewer by upholding the right of legislators to challenge her illegal Medicaid expansion efforts. Last year, Brewer and her supporters engineered an expansion of the state's Medicaid program pursuant to Obamacare—bizarrely, the very same Medicaid expansion she successfully challenge ...

September 26, 2014

Arizona can't avoid a supermajority voting requirement just because it wants to

Today we filed an amicus brief in a case challenging Arizona's Medicaid expansion.  Like California (and many other states), Arizona's constitution requires that all taxes be passed by a supermajority vote—in this case, 2/3 of the legislature.  The Medicaid expansion included a tax on hospitals in order to pay for the program, but the Arizona ...

April 19, 2013

Goldwater Institute joins PLF in urging Arizona Supreme Court to protect property rights

We recently filed a petition asking the Arizona Supreme Court to take up the case of Aspen 528 v. Flagstaff, a lawsuit under that state's Property Rights Protection Act, in which the Court of Appeals essentially shortened the statute of limitations from three years to two years and nine months. Last week, the Goldwater Institute ...

April 25, 2012

States resisting the feds—immigration and Obamacare

The Supreme Court today heard oral arguments about Arizona's efforts to crack down on illegal immigration. That state's law gives police officers the duty to check identification and take other steps to enforce federal immigration laws which, the state argues, the federal officers have left unenforced. The Obama Administration argues that this inte ...

April 02, 2012

PLF and Goldwater Institute vindicate private property rights in Arizona

On Thursday, March 28, Arizona Governor Jan Brewer signed into law H.B. 2319, a bill which eliminates a nasty procedural hurdle for property owners who seek just compensation under that state's Private Property Rights Protection Act (Proposition 207). You might remember that some years ago, PLF filed the first lawsuit seeking just compensation unde ...