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May 01, 2018

Answering the Minerva Dairy questions at Overlawyered

If you aren’t already a regular reader of Overlawyered, you should check it out. Walter Olson does a magnificent job pointing out and explaining the seen and unseen costs of our legal system. Last week I was excited to see Overlawyered link to our Minerva Dairy lawsuit.* In the days that followed, the comments section ...

November 16, 2015

Like a good neighbor…: the Supreme Court must enforce limits on state regulation of interstate commerce

We’ve filed a brief in the Supreme Court, on behalf of PLF, the Cato Institute, National Federation of Independent Business Small Business Legal Center, and Reason Foundation, asking it to take up a case challenging state regulations of commerce occurring wholly beyond their borders. In this case, Colorado has adopted a law that regulates how ...

July 07, 2015

Dragon slayers and fruit pickers

Backwards laws that stifle our economy deserve fresh scrutiny. In a recent paper called “Low-Hanging Fruit Guarded by Dragons,” Brink Lindsey analyzes the evils of regressive regulation, “policies whose primary effect is to inflate the incomes and wealth of the rich, the powerful, and the well-established by shielding them fro ...

February 14, 2013

NEPA and Sackett v. EPA

Professor Joel Mintz of Nova Southeastern University has published Sackett v. EPA and Judicial Interpretations of Environmental Statutes:  What Role for NEPA?, in a recent issue of Environmental Law.  Professor Mintz’s thesis is that the Supreme Court may have erred in Sackett by not taking into account Section 102 of the National Environ ...

November 21, 2012

Cato and IJ file brief supporting PLF's petition in milk price restriction lawsuit

Our friends at the Cato Institute and the Institute for Justice filed this brief today in support of our cert. petition in the case of Hein Hettinga. The brief highlights the major problem with the D.C. Circuit’s expansion of the rational basis test: that if allowed to stand, it would present an impenetrable shield against ...

November 08, 2012

Inside baseball on Sackett v. EPA

Now available online is Cato’s 2011-2012 volume of its Supreme Court Review.  In it, you’ll find my article on Sackett v. EPA.  The piece not only discusses the decision and its impact on EPA’s enforcement of the Clean Water Act, it also details how PLF litigated the case from the district court up to the ...

September 27, 2012

Sackett and Constitution Day

Last week,  I spoke on a panel at Cato’s annual Constitution Day conference.  The panel’s focus was the Supreme Court’s recently completed term, viewed from a property rights perspective.  I spoke on Sackett and the decision’s significance for Clean Water Act enforcement and administrative law generally.  My essay on the ...

February 27, 2012

PLF’s Sandefur to speak at Cato pre-Supreme Court conference on Obamacare

I'll be participating in the Cato Institute’s conference on the Obamacare cases on March 23—that's the Friday before the oral arguments, which are scheduled for March 26, 27, and 28. Randy Barnett, who represents the NFIB in its challenge to the Individual Mandate, is unconfirmed, but will probably also attend, as will other experts and ...

January 23, 2012

School Choice Week: The fighters

In honor of School Choice Week, I will be doing a 5-part blog series on school choice. While PLF is prominent in school choice litigation, I thought I would start this series by pointing out some the leading defenders of school choice around the country. Each of these organizations is doing fantastic work in the school choice ...

December 28, 2010

Akaka Bill defeated

Author: Joshua Thompson     Earlier this month, I reported about the efforts of our friends from the Center for Equal Opportunity to defeat the Akaka Bill.  The Akaka Bill would have attempted to legitimize racial preferences for Hawaiians throughout the United States. However, the Cato Institute is reporting that the ...