Articles

Should Abigail Fisher's suit be mooted? (Answer : No.)

December 09, 2015 | By RAYMOND NHAN

The Supreme Court heard oral argument in Fisher v. University of Texas today. As our regular readers know by now, this case concerns the University of Texas’ (UT) use of race in composing its undergraduate class. While most of the oral argument focused on the merits of the case, Justice Ruth Bader Ginsburg asked a question about … ...

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PLF supports the ACLU in the Supreme Court

February 23, 2015 | By WENCONG FA

Today the Pacific Legal Foundation, along with our friends at the Institute for Justice and the Cato Institute, filed this brief supporting the ACLU in Rosebrock v. Hoffman, a free speech case that is even more interesting for what it could say about the government’s promises to stop behaving badly. … ...

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Fighting for Clean Water Act sanity in Virginia

April 25, 2011 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Earlier this month, PLF attorneys filed an appeal in the Fourth Circuit Court of Appeals in a case testing the jurisdictional limits of the EPA to regulate wetlands under the Clean Water Act.  The case, Smith Farm Enterprises v. EPA, arises out of an administrative penalty action brought by EPA against … ...

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The narrative of Rapanos

February 08, 2011 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff The New York Times ran this piece this week on the struggle the courts, the agencies, and especially landowners have had in interpreting and applying the Supreme Court's most recent decision on the scope of the Clean Water Act, Rapanos v. United States.  My colleague Reed Hopper, who won Rapanos in … ...

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Ninth Circuit dismisses International Boundary Commissioner’s claims against the President

May 19, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Brian T. Hodges Earlier today, the Ninth Circuit Court of Appeals issued its opinion in Leu v. International Boundary Commission. As you undoubtedly recall, this is the case where former International Boundary Commissioner Dennis Schornack claimed that President Bush lacked the power to terminate his appointment as a commissioner. Th ...

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Armed conflict on the streets of Washington?

May 18, 2010 | By PACIFIC LEGAL FOUNDATION

Author:Brian T. Hodges A panel of the Ninth Circuit Court of Appeals recently heard oral argument in Leu v. International Boundary Commission – a case that has been typified by truly bizarre twists. If you recall, this is the case where the U.S. Commissioner to the International Boundary Commission ordered retired couple Shi ...

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Clean Water Act point-counterpoint

March 01, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Today's New York Times has this article contending that, at least from the US Environmental Protection Agency's perspective, that agency's ability to enforce the Clean Water Act and prevent the Nation's waters from becoming polluted has been seriously constrained by recent federal court rulings. The a ...