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Tag: individual rights

November 20, 2017

Arizona Supreme Court ignores voters’ intent in decision interpreting constitutional limitations on taxation

Last Friday, the Arizona Supreme Court issued its decision in Biggs v. Betlach, a case brought by a group of Arizona legislators challenging the imposition of a hospital charge to pay for state Medicaid expansion. ...

August 26, 2016

It doesn’t get more exciting than this!

For administrative law nerds, U.S. Tenth Circuit Court Judge Neil Gorsuch's concurring opinion this week calling for the High Court to reconsider its Chevron doctrine is about as thrilling as it gets!  Although it is hard to top, Tony Francois and I also savored the timing, given that we foreshadowed this type of opinion just ...

September 11, 2015

Government unions: the Praetorian Band of the government

America's founding fathers knew their ancient history well. The experiences of Greece and Rome were almost the only guides they had when fashioning a government that wasn't a monarchy. And one thing they feared was what they called "Caesarism": the tendency of a popular government to devolve into competing teams, each grasping for power and ...

September 11, 2015

Opening salvos in the teacher union dues case

The briefing in Friedrichs v. California Teachers Association is underway. You'll recall that this Supreme Court case presents the issue of whether public employee unions can garnish the wages of non-union members to support the unions' collective bargaining and other political activities, without those workers' consent. Rebecca Friedrichs and her ...

December 16, 2014

How would you avoid disparate impact liability?

Disparate impact theory tells employers that they have broken the law when a concededly neutral hiring practice produces too many employees of one race and not enough of another. Let’s say you’re an employer looking to hire 20 people from a pool of 100 applicants. You give the same standardized test to all 100 applicants ...

November 04, 2014

Can noncitizen votes decide U.S. elections?

The heated debate over voter fraud and illegal voting has largely occurred without reliable data on the extent of the problem, but that may be changing in part with a new academic study on noncitizen voting that is receiving significant attention. Townhall published my take on some of its implications here. Among them, the study ...

April 03, 2014

Adults must take responsibility for their voluntary choices

As a freshman at Texas A&M University, 18-year-old Elizabeth Helbing and others were invited by two upperclassmen, Oliver Hunt and John Deaver, on a traditional Aggie outing to lay beneath a railroad bridge at night, and feel the "rush" of the train speeding overhead.  Wearing flip-flops and making her way by the light of cellphones, ...

June 25, 2013

Victory in Shelby County v. Holder

It's been a big day here at PLF.  On top of our momentous win in our direct representation Supreme Court property rights case, Koontz v. St. Johns River Water Management District, we also had a long-anticipated victory in the Voting Rights Act case, Shelby County v. Holder, where we participated as amicus.  Shelby was a ...

May 22, 2012

Should we ask permission for our rights?

At the Liberty Law Blog, Prof. Richard Samuelson argues that John Adams' defense of religious liberty offers a model for our own day. Adams refused to write Article III of the Massachusetts Constitution—which provided for an established church—because it was inconsistent with his belief in religious freedom. Instead, Samuelson writes, "Adams pu ...

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 ...