Last Friday, the Second Circuit upheld a longstanding New York requirement that out-of-state attorneys must maintain a physical office in the state to practice New York law–a requirement not imposed on attorneys who reside within the Empire state. … ...
Obamacare and the Constitution Next week we will have oral argument in Sissel v. Department of Health and Human Services before the D.C. Circuit Court of Appeals. This case is our challenge to Obamacare, where we are arguing that because the “individual mandate” is a tax it violates the “Origination Clause” of the Constit ...
Yesterday, PLF attorneys filed a civil rights lawsuit on behalf of Troy Castillo challenging a Nevada law that prevents out-of-state entrepreneurs from competing across state lines. The law requires private investigators to keep a “principal place of business” in the state, essentially putting up a “Keep Out” sign at the N ...
In McBurney v. Young, issued today, the Fourth Circuit Court of Appeals rejected a plaintiff’s argument that a Virginia law interfered with his right to engage in his trade, but reaffirmed that this right is protected by the Privileges And Immunities Clause of Article IV (precursor to the Fourteenth Amendment’s Privileges or Immunities ...