Articles

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

March 05, 2017 | By TONY FRANCOIS

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 … ...

Articles

Weekly litigation report — March 4, 2017

March 04, 2017 | By JAMES BURLING

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 ...

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Do minor bureaucrats tell federal judges what to think?

January 18, 2017 | By TONY FRANCOIS

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 ...

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Does congressional silence mean more freedom or more bureaucracy?

September 13, 2016 | By ETHAN BLEVINS

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. … ...