Blog

Filter By:
Sort By:

Tag: judicial deference

March 05, 2017

Francois op ed supporting Gorsuch nomination published in the San Francisco Daily Journal

A few weeks ago, Erwin Chemerinsky, noted constitutional scholar and Dean of Law at UC Irvine, published an op ed in the San Francisco Daily Journal arguing that Senate Democrats should filibuster the nomination of Neil Gorsuch to the Supreme Court of the United States. Dean Chemerinsky’s piece was long on hyperbole and short on ...

March 04, 2017

Weekly litigation report — March 4, 2017

POTUS on WOTUS: “It’s a horrible, horrible rule. Has sort of a nice name, but everything else is bad.” Victory in California Supreme Court on Coho Salmon delisting petition Petition for rehearing filed in tax foreclosure scheme Supreme Court denies forced-unionization case Administration action on bathroom rule may affect judicial ...

January 18, 2017

Do minor bureaucrats tell federal judges what to think?

Last week PLF filed this amicus brief in the Supreme Court of the United States in Gloucester County School Board v. G.G. The question in this case is whether federal judges interpret federal law, or whether low level agency bureaucrats do. PLF takes the position that judges have the Constitutional responsibility to independently read and interpre ...

September 13, 2016

Does congressional silence mean more freedom or more bureaucracy?

Judges often defer to the government’s interpretations of its own power. PLF fights this trend because it upsets the balance of separated powers and threatens liberty. But recently, in a case called Oregon Restaurant and Lodging Association v. Perez, judicial deference slumped to a new low. ...