Articles

Ninth Circuit won’t rehear forced disclosure case

March 29, 2019 | By JEREMY TALCOTT

This morning the Ninth Circuit denied Americans for Prosperity Foundation’s petition for rehearing en banc in AFPF v. Becerra. For those who don’t remember, the Foundation sued over a California law that requires tax-exempt nonprofit organizations to hand over an IRS form that contains names and addresses of their donors. The trial cour ...

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Ninth Circuit remains hostile to free association for conservative groups

September 11, 2018 | By JEREMY TALCOTT

This morning the Ninth Circuit released this opinion in Americans for Prosperity Foundation v. Becerra, a case about whether California can demand confidential donor forms from nonprofit organizations operating within the state. Twice the district court has found that the law violates  donors’ First Amendment rights of free speech and associ ...

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Courts must look behind California’s pretenses when the state channels money to union advocacy

August 27, 2018 | By ANASTASIA BODEN

In the aftermath of Janus v. AFSCME, states have come up with some pretty clever ways to funnel money to unions and union-supported speech.  Today, PLF asked the Ninth Circuit to strike down SB 954, a law that gives unions a huge fundraising advantage and makes it harder for contrary viewpoints to be heard. … ...

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Ninth Circuit : Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

March 02, 2018 | By JONATHAN WOOD

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen whose livelihoods depend on it, including requirements that the Service exclude otters from parts of the fishery and exempt fishermen from criminal prosecut ...

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Ninth Circuit schedules hearing in union access case

September 13, 2017 | By WENCONG FA

The United States Court of Appeals for the Ninth Circuit recently announced that it will hear oral argument in the Cedar Point Nursery v. Gould on November 17 in San Francisco. In that case, PLF represents California citrus growers in their constitutional challenge to a law that forces them to give up their property for the benefit of union organi ...

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The First Amendment protects speech that contradicts unions' policy preferences

June 06, 2017 | By ANASTASIA BODEN

This week PLF filed its opening brief in the Ninth Circuit in Associated Builders and Contractors-California Cooperation Committee v. Becerra, which challenges a California law that threatens to cut funding to speech contrary to unions’ policy preferences. The lawsuit targets SB 954, which changed the way employers can distribute money under ...

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What does the Bill of Attainder Clause say about newfangled punishments?

October 27, 2016 | By WENCONG FA

Three years ago, California businesses faced crippling liability in the wake of court decisions interpreting the state’s minimum wage laws. This year, the state legislature enacted Assembly Bill 1513, which allows businesses to avoid statutory liability if they promptly paid back wages in accordance with those decisions. Yet, to secure the ...

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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. … ...

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PLF opposes government effort to dismiss Duarte Nursery retaliation appeal

August 26, 2016 | By TONY FRANCOIS

We previously reported our appeal to the Ninth Circuit in the Duarte Nursery case. Today’s update is that the Justice Department has asked the Ninth Circuit to dismiss the appeal, which we oppose. This is part of the Corps of Engineers’ ongoing effort to avoid responsibility for its retaliation against Duarte Nursery’s exercise of ...