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Tag: federalism

July 07, 2018

Weekly litigation report — July 7, 2018

17 states urge the Supreme Court to grant PLF case and overrule Chevron deference  On Thursday, Texas—joined by 16 other states—filed an amicus brief supporting our petition in California Sea Urchin Commission v. Combs. The states' brief explains that "the time has come to reconsider Chevron deference, and this case provides an appropriate veh ...

May 19, 2018

Weekly litigation report — May 19, 2018

Is plowing a field "dredging and filling" under the Clean Water Act? Food and Drug Administration wants Texas business owner to litigate her civil rights case in D.C. Eleventh Circuit vindicates Chmielewski family's property rights PLF urges Supreme Court to take up hair braiders' case Supreme Court strikes down anti-gambling law because it command ...

May 14, 2018

Supreme Court places big bet on federalism

This morning, the Supreme Court released its long-awaited decision in Murphy v. NCAA, New Jersey’s constitutional challenge to a federal law that forbids the state from amending its own sports gambling laws. The opinion by Justice Alito did not disappoint. Here’s the key paragraph: The PASPA provision at issue here—prohibiting state a ...

October 18, 2017

New paper highlights importance of New Jersey sports gambling case

The Competitive Enterprise Institute’s Michelle Minton has a new paper highlighting the importance of the Supreme Court ruling the right way in New Jersey’s challenge to the Professional and Amateur Sports Protection Act. As Michelle explains, and PLF, CEI, Cato, and WILL explained in our amicus brief in the case, PASPA has been a failu ...

September 02, 2017

Weekly litigation report — September 2, 2017

This week's topics: Can the executive branch be the judicial branch? When is "just compensation" unjust? Meet the new boss, same as the old boss? ...

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 ...

June 27, 2017

Supreme Court to hear constitutional challenge to federal sports betting ban

This morning, the Supreme Court decided to review New Jersey’s constitutional challenge to a federal law that purports to forbid almost every state—except, notably, Nevada—from legalizing sports gambling. PLF, joined by Cato and CEI, filed an amicus brief supporting cert. The Professional and Amateur Sports Protection Act, which i ...

November 15, 2016

New Jersey places a bet on the Constitution

States are not puppets of the federal government, to be manipulated to accomplish whatever policy the federal government might prefer. If they were, both individual liberty and political accountability would be compromised. That’s why our Constitution forbids the feds from requiring states to govern according to federal instructions. That ven ...

March 10, 2016

New Jersey doubles down on sports betting

This week, I participated in a Federalist Society teleconference call on the Third Circuit’s recent en banc arguments over New Jersey’s efforts to repeal its prohibitions against sports gambling. That call has since been released as a podcast and is available here. ...

February 03, 2016

Are states better than the feds at protecting endangered species?

In honor of Groundhog Day, WildEarth Guardians released its annual report card for federal and state management of prairie dogs. Unsurprisingly, the environmental group isn’t too fond of PLF’s victory on behalf of People for the Ethical Treatment of Property Owners (PETPO). Yet it’s judgment of the relative quality of federal and ...

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