Articles

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 app ...

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-gamblin ...

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 ...

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 ...

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? … ...

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  ...

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 ...

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 ...

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. … ...