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Tag: commerce clause

April 18, 2018

Opening brief filed in challenge to Wisconsin’s butter taste test

We filed our opening brief in the appeal to our challenge to Wisconsin’s irrational butter grading law. I have written about this case a number of times, but the essence of the case is that Wisconsin has adopted an irrational and protectionist scheme to keep out-of-state artisanal butters from entering the Wisconsin market.  In order ...

April 13, 2018

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, or protecting their airport, playgrounds, and cemetery from disruption, all ostensibly to protect the Utah prairie dog. Thanks to a lawsuit PLF filed on behalf ...

February 05, 2018

Court upholds Wisconsin’s irrational butter grading law

The court ruled against Minerva Dairy's claims that the Wisconsin butter grading law violates the Constitution. ...

January 13, 2018

Weekly litigation update—January 13, 2018

PLF asks the Michigan Supreme Court to stop theft by tax collectors, the ongoing fight to defend public land access for all, and more U.S. Supreme Court activity. ...

September 26, 2017

PLF asks Supreme Court to restore constitutional limits on federal power

Our Constitution limits the federal government's powers to those expressly listed in the document. But the government we have today is a far cry from the limited government described by our Founding Fathers. PLF is asking the Supreme Court to restore the Constitution's limits by rejecting an extreme, limitless interpretation of the Commerce Clause. ...

August 19, 2017

Weekly litigation report — August 19, 2017

Environmentalists warn of catastrophic sun-darkening on Monday! Support for the Supreme Court to toss Michigan’s theft by tax-forclosure scheme Widespread support for “absent frog” case in Supreme Court And widespread concern for unoccupied sage-grouse habitat rules John Duarte settles with the Corps over making mountains out of ...

August 18, 2017

PLF urges Supreme Court to review constitutionality of the Indian Child Welfare Act

PLF filed this friend of the court brief at the Supreme Court today, urging the Court to take Goldwater Institute‘s challenge to the Indian Child Welfare Act. In their petition, two Indian children are asking the Supremes to review an Arizona Court of Appeals decision that applied the Indian Child Welfare Act, or ICWA, to their private ...

May 20, 2017

Weekly litigation report — May 20, 2017

Amicus brief filed for contractor long frozen out of contracts Settlement reached in mobile home park case Cap and trade appealed Prairie dog ruling petition to the 10th Circuit Reply filed in Kinderace petition to Supreme Court Affirmative action case goes back to district court Amicus brief filed for contractor long frozen out of contracts ...

May 15, 2017

PLF petitions for rehearing in Utah prairie dog case

This morning, we filed a petition for rehearing en banc in People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Service—our challenge to the federal government’s constitutional authority to regulate take of the Utah prairie dog. Three years ago, the District Court for the District of Utah ruled the regulation unc ...

May 13, 2017

Weekly litigation update — May 13, 2017

PLF fights for booksellers’ First Amendment rights On Thursday, PLF filed a major civil rights lawsuit on behalf of Book Passage, a bookstore in the Bay Area. The lawsuit challenges a California statute that requires businesses that sell signed items to demonstrate the authenticity of the signatures. This is a particular problem for bookstore ...