Courts should care about your right to earn a living

Though the rights to free speech and bear arms get all the press, the right to earn a living might be the most fundamental right of all.  The Fourteenth Amendment … ›

When legislatures violate your rights, who's going to stop them?

Today, PLF urged the Florida’s Second District Court of Appeal to take up its duty to protect individual rights, and to enforce the state constitution’s protections for economic liberty. Occupational … ›

Can courts dismiss “rational basis” cases without hearing evidence?

My latest law review article is available in the new issue of the George Mason U. Civil Rights Law Journal. Entitled “Rational Basis and The 12(b)(6) Motion: An Unnecessary ‘Perplexity,’” the article … ›

Can governments rely on outdated rationales to justify onerous regulation?

In 1952, Emmett Ashford became the first African American umpire in organized baseball and Dwight Eisenhower was elected President of the United States. That same year, the Pennsylvania legislature decided that … ›

Texas Supreme Court will consider case about what “rational basis” means

The Texas Supreme Court has announced that it will consider the case of Patel v. Department of Licensing, which raises the issue of what the “rational basis” test means under … ›

Facts matter in a constitutional challenge

This week, PLF filed an amicus brief asking the Texas Supreme Court to review Patterson v. City of Bellmead.  The Pattersons are challenging a law that requires a kennel permit for … ›

Businesses should have the right to make their case

The National Law Journal has published my article about a growing problem in federal courts: the tendency of judges to dismiss lawsuits brought by business owners on the theory that … ›

PLF urges Fourth Circuit: give business owners the chance to prove their cases

Under legal precedents established in the 1930s, business owners who want to defend their constitutional right to earn a living against unreasonable government interference face a very difficult task. They … ›

Claremont Center for Constitutional Jurisprudence files brief in support of PLF's Hettinga petition

The Claremont Institute’s Center for Constitutional Jurisprudence has filed this friend of the court brief in support of our petition for certiorari in Hettinga v. United States. As the brief … ›

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Courts should care about your right to earn a living

Though the rights to free speech and bear arms get all the press, the right to earn a living might be the most fundamental right of all.  The Fourteenth Amendment … ›

When legislatures violate your rights, who's going to stop them?

Today, PLF urged the Florida’s Second District Court of Appeal to take up its duty to protect individual rights, and to enforce the state constitution’s protections for economic liberty. Occupational … ›

Can courts dismiss “rational basis” cases without hearing evidence?

My latest law review article is available in the new issue of the George Mason U. Civil Rights Law Journal. Entitled “Rational Basis and The 12(b)(6) Motion: An Unnecessary ‘Perplexity,’” the article … ›

Can governments rely on outdated rationales to justify onerous regulation?

In 1952, Emmett Ashford became the first African American umpire in organized baseball and Dwight Eisenhower was elected President of the United States. That same year, the Pennsylvania legislature decided that … ›

Texas Supreme Court will consider case about what “rational basis” means

The Texas Supreme Court has announced that it will consider the case of Patel v. Department of Licensing, which raises the issue of what the “rational basis” test means under … ›

Facts matter in a constitutional challenge

This week, PLF filed an amicus brief asking the Texas Supreme Court to review Patterson v. City of Bellmead.  The Pattersons are challenging a law that requires a kennel permit for … ›

Businesses should have the right to make their case

The National Law Journal has published my article about a growing problem in federal courts: the tendency of judges to dismiss lawsuits brought by business owners on the theory that … ›

PLF urges Fourth Circuit: give business owners the chance to prove their cases

Under legal precedents established in the 1930s, business owners who want to defend their constitutional right to earn a living against unreasonable government interference face a very difficult task. They … ›

Claremont Center for Constitutional Jurisprudence files brief in support of PLF's Hettinga petition

The Claremont Institute’s Center for Constitutional Jurisprudence has filed this friend of the court brief in support of our petition for certiorari in Hettinga v. United States. As the brief … ›

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Courts should care about your right to earn a living

Though the rights to free speech and bear arms get all the press, the right to earn a living might be the most fundamental right of all.  The Fourteenth Amendment … ›

When legislatures violate your rights, who's going to stop them?

Today, PLF urged the Florida’s Second District Court of Appeal to take up its duty to protect individual rights, and to enforce the state constitution’s protections for economic liberty. Occupational … ›

Can courts dismiss “rational basis” cases without hearing evidence?

My latest law review article is available in the new issue of the George Mason U. Civil Rights Law Journal. Entitled “Rational Basis and The 12(b)(6) Motion: An Unnecessary ‘Perplexity,’” the article … ›

Can governments rely on outdated rationales to justify onerous regulation?

In 1952, Emmett Ashford became the first African American umpire in organized baseball and Dwight Eisenhower was elected President of the United States. That same year, the Pennsylvania legislature decided that … ›

Texas Supreme Court will consider case about what “rational basis” means

The Texas Supreme Court has announced that it will consider the case of Patel v. Department of Licensing, which raises the issue of what the “rational basis” test means under … ›

Facts matter in a constitutional challenge

This week, PLF filed an amicus brief asking the Texas Supreme Court to review Patterson v. City of Bellmead.  The Pattersons are challenging a law that requires a kennel permit for … ›

Businesses should have the right to make their case

The National Law Journal has published my article about a growing problem in federal courts: the tendency of judges to dismiss lawsuits brought by business owners on the theory that … ›

PLF urges Fourth Circuit: give business owners the chance to prove their cases

Under legal precedents established in the 1930s, business owners who want to defend their constitutional right to earn a living against unreasonable government interference face a very difficult task. They … ›

Claremont Center for Constitutional Jurisprudence files brief in support of PLF's Hettinga petition

The Claremont Institute’s Center for Constitutional Jurisprudence has filed this friend of the court brief in support of our petition for certiorari in Hettinga v. United States. As the brief … ›

Courts should care about your right to earn a living

Though the rights to free speech and bear arms get all the press, the right to earn a living might be the most fundamental right of all.  The Fourteenth Amendment … ›

When legislatures violate your rights, who's going to stop them?

Today, PLF urged the Florida’s Second District Court of Appeal to take up its duty to protect individual rights, and to enforce the state constitution’s protections for economic liberty. Occupational … ›

Can courts dismiss “rational basis” cases without hearing evidence?

My latest law review article is available in the new issue of the George Mason U. Civil Rights Law Journal. Entitled “Rational Basis and The 12(b)(6) Motion: An Unnecessary ‘Perplexity,’” the article … ›

Can governments rely on outdated rationales to justify onerous regulation?

In 1952, Emmett Ashford became the first African American umpire in organized baseball and Dwight Eisenhower was elected President of the United States. That same year, the Pennsylvania legislature decided that … ›

Texas Supreme Court will consider case about what “rational basis” means

The Texas Supreme Court has announced that it will consider the case of Patel v. Department of Licensing, which raises the issue of what the “rational basis” test means under … ›

Facts matter in a constitutional challenge

This week, PLF filed an amicus brief asking the Texas Supreme Court to review Patterson v. City of Bellmead.  The Pattersons are challenging a law that requires a kennel permit for … ›

Businesses should have the right to make their case

The National Law Journal has published my article about a growing problem in federal courts: the tendency of judges to dismiss lawsuits brought by business owners on the theory that … ›

PLF urges Fourth Circuit: give business owners the chance to prove their cases

Under legal precedents established in the 1930s, business owners who want to defend their constitutional right to earn a living against unreasonable government interference face a very difficult task. They … ›

Claremont Center for Constitutional Jurisprudence files brief in support of PLF's Hettinga petition

The Claremont Institute’s Center for Constitutional Jurisprudence has filed this friend of the court brief in support of our petition for certiorari in Hettinga v. United States. As the brief … ›