Articles

Michigan exploiting property owners’ hardships to enrich government

February 28, 2017 | By CHRISTINA MARTIN

This week, PLF filed a petition asking the full Sixth Circuit Court of Appeals to rehear the takings case of Wayside Church, Henderson Hodgens, and Myron Stahl. All three lost their property to Van Buren County after they fell behind on their 2011 taxes. The County foreclosed on their properties and sold each for significantly … ...

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Sixth Circuit slams the courthouse doors to takings case

February 10, 2017 | By CHRISTINA MARTIN

The Sixth Circuit today dismissed Wayside Church v. Van Buren County, a case challenging Michigan’s unconstitutional tax foreclosure scheme. Judge Kethledge who dissented from the panel’s decision, summed up the case this way: In this case the defendant Van Buren County took property worth $206,000 to satisfy a $16,750 debt, and then r ...

Articles

Michigan counties confiscating property rights

May 31, 2016 | By CHRISTINA MARTIN

In Michigan, when landowners fail to pay their property taxes, local governments take the property, sell it, and keep all the profits—no matter how small the debt or how valuable the property. As a result, local governments are profiting handsomely over the misfortune of their residents. For example, a few years ago, Wayside Church lost … ...

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Federal courts expanding disparate impact analysis in recent Voting Rights Act cases

October 01, 2014 | By CHRIS KIESER

Here on the Liberty Blog, we have often posted about the perils of “disparate impact” laws; that is, laws that allow courts to find illicit discrimination in a facially neutral action without any showing of improper intent (here, here, and here, for example).  These statutes require businesses and government actors to engage in pernic ...

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PLF argues government can't judge individuals based on the color of their skin

October 16, 2013 | By ANASTASIA BODEN

Today Pacific Legal Foundation filed this amicus brief in EEOC v. Kaplan, which was joined by the Cato Institute, the Center for Equal Opportunity, the Competitive Enterprise Institute, and Project 21.  EEOC has been particularly aggressive in pursuing disparate impact cases lately, and its case against Kaplan is representative.  Like many compan ...

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Court denies Dukes plaintiffs class certification, again

August 09, 2013 | By ANASTASIA BODEN

Last week, district court judge Charles Breyer may have written the last chapter of Wal-Mart v. Dukes, when he denied the plaintiffs’ renewed attempt to bring a massive class-action lawsuit against Wal-Mart for sex discrimination.  Remarking on the path of the infamous lawsuit, the brother of Supreme Court Justice Stephen Breyer wrote, ̶ ...

Articles

Michigan AG files cert. petition two weeks after Proposal 2 decision

November 29, 2012 | By JOSHUA THOMPSON

That was fast!  After the Sixth Circuit’s horrendous decision striking down Michigan’s equal rights amendment two weeks ago, the Michigan Attorney General filed this certiorari petition yesterday to ask the Supreme Court to take up the case.  Kudos to the AG’s office for this ueber-quick response to an unjustifiable ruling. I ...

Articles

The Sixth Circuit's embarrassing decision

November 16, 2012 | By JOSHUA THOMPSON

As we reported on Thursday, the Sixth Circuit declared Michigan’s Proposal 2 unconstitutional under the Equal Protection Clause.  The decision has been roundly condemned throughout the legal community.  For good reason.  The decision defies both logic and common sense by holding that Proposal 2 — a state constitutional amendment proh ...

Articles

Proposal 2 struck down by the Sixth Circuit

November 15, 2012 | By JOSHUA THOMPSON

The Sixth Circuit, sitting en banc, declared Proposal 2 unconstituional under the Equal Protection Clause today. Proposal 2 is Michigan’s landmark constitutional amendment that banned racial preferences and discrimination by state and local government. Think about that for a second — a constitutional amendment banning discrimination is ...