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Author: Joshua Thompson In respsonse to PLF’s announcement on this blog that it will fight “Obamacare,” a commenter writes, “Society has chosen that health care is a right. All members of society must participate as no one can afford catastrophic health care unless you are very, very rich.” Is that true —  Can  ...

The Orange County Register has this editorial on yesterday’s decision on the constitutionality of ObamaCare: This is an important step toward what we hope is the ultimate undoing of President Barack Obama and the 111th Congress’ centerpiece legislation, the Patient Protection and Affordable Care Act, which effectively would bring one-si ...

Today, Pacific Legal Foundation, along with the Claremont Institute and the Cato Institute, filed this brief in the U.S. Supreme Court in the Obamacare lawsuits. The brief focuses on the federal government’s power to give states money in exchange for them agreeing to do what the federal government wants them to do. In this case, … ...

Today we filed this motion in the case of St. Louis entrepreneur Michael Munie, asking the court to strike down a Missouri state law that essentially forbids anyone from going into the moving business without first getting permission from the existing moving companies. To be more precise, it’s illegal to run a moving company without getting ...

K.C. Johnson has an insightful blog post on the collapse of serious American history scholarship, due in large part to the influence of politically correct fads in the academy. Johnson notes that the recent Montana Supreme Court decision regarding campaign finance restrictions relied heavily on scholarship about Montana history, yet the court cited ...

Today the Pacific Legal Foundation filed a lawsuit against the state of California for enforcing an anti-competitive law regulating apprenticeship programs. Apprenticeship is a key component of the state’s economy, and the route to self-sufficiency for many hardworking Californians, who learn marketable skills and find jobs through apprentice ...

When it comes to free speech rights, the Supreme Court typically applies the rule of “strict scrutiny,” which holds that a government restriction on free speech is presumed unconstitutional, until the government proves otherwise. The reason is that, given the importance of freedom of speech, courts should “not presume acquiescence ...

Apparently, they’re fans of The Right to Earn A Living. … ...

The February issue of Cato Unbound focuses on substantive due process. The opening essay, by me, is adapted from my article, In Defense of Substantive Due Process. Responses will be coming soon from Professors Gary Lawson, Lawrence Rosenthal, and Ryan Williams. … ...