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Tag: Sixth Circuit

February 28, 2017

Michigan exploiting property owners’ hardships to enrich government

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 ...

February 10, 2017

Sixth Circuit slams the courthouse doors to takings case

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 ...

May 31, 2016

Michigan counties confiscating property rights

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 ...

October 01, 2014

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

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 pernicious racial ...

October 16, 2013

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

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 ...

August 09, 2013

Court denies Dukes plaintiffs class certification, again

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, "This case ...

November 29, 2012

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

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 ...

November 16, 2012

The Sixth Circuit's embarrassing decision

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 ...

November 15, 2012

Proposal 2 struck down by the Sixth Circuit

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 ...

March 07, 2012

Proposal 2 in front of the full Sixth Circuit today

Today, the Sixth Circuit, sitting en banc, will be hearing the case of Coalition to Defend Affirmative Action v. Regents of the University of Michigan. This case challenges the constitutionality of Proposal 2, a statewide constitutional amendment that banned the use of race by Michigan state and local governments.  You can read PLF’s brief h ...