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Tag: substantive due process

May 10, 2018

Is property a fundamental right?

The answer to that question should be simple. After all, the Due Process Clause of the U.S. Constitution protects "life, liberty, or property" without qualification. And, for nearly a century, the U.S. Supreme Court has consistently treated property as a fundamental right, forbidding the government from imposing arbitrary or irrational restrictions ...

December 20, 2017

Fed Soc teleforum on “the right to a better climate”

Last week's teleforum focused principally on the recent oral argument before the Ninth Circuit addressing the federal government's mandamus petition, which requests that the appellate court put an immediate stop to the litigation. ...

June 10, 2017

Weekly litigation report — June 10, 2017

Letter sent to school board in Florida on First Amendment violation Brief filed over EPA’s road ban Butter ban ruling sought California union-inspired anti-free speech rule appealed Free enterprise loses in Oregon Golden parakeet feathers to fly! Caribou decision years behind schedule Victory for Wildlife Sanctuary's Due Process Rights Letter ...

October 12, 2016

Wanted: Courts that stand up to government bullies

Should courts defer to democracy? Many do. In fact, most constitutional challenges face an uphill battle because courts hesitate to question the judgment of legislatures. In a brief filed today in the North Carolina Supreme Court, we explain how this judicial restraint veers from our constitutional commitment to liberty over democracy. ...

October 11, 2016

A forgotten property rights protection in Florida

The Environmental and Land Use Law Section of the Florida Bar (ELULS) recently published my article about a forgotten protection provided by Florida's Bert J. Harris, Jr., Private Property Rights Protection Act. Twenty-one years ago, the Florida Legislature passed the Act to provide additional property rights protections to those already recognized ...

January 12, 2015

Supreme Court declines to review Kentner

Pacific Legal Foundation is disappointed to report that the U.S. Supreme Court will not hear Kentner v. City of Sanibel, a PLF case that asked whether constitutional due process guarantees apply to private property. Although the Fourteenth Amendment guarantees that no state shall “deprive any person of life, liberty, or property, without du ...

November 20, 2012

Protecting property owners from governmental misdeeds

Friday, Pacific Legal Foundation filed an amicus brief with a Florida appellate court in a shocking case of local government gone awry: The Town of Ponce Inlet v. Pacetta, LLC. According to the trial court, the Town Council broke its promises of fair dealing, instead tying the hands of developers who had already invested millions and started ...

October 22, 2012

PLF asks Supreme Court to review shoreline moratorium case: Samson v. City of Bainbridge Island

PLF is continuing the fight to help shoreline property owners in Bainbridge Island, Washington, secure a legal remedy for losses they suffered when the city put a series of unlawful development moratoria on their properties.  In 2007, the Washington Supreme Court held that the city did not have authority to enact the moratoria.  But when ...

June 04, 2012

Pacific Legal Foundation stands up for the right to open a business in Georgia

Tomorrow the Supreme Court of Georgia will hear arguments in WMW Honda v. American Honda Motor Company, a case that will determine the scope of a Georgia law that allows existing car dealerships to block the opening of competing dealerships in their area. As I discussed in a prior blog post, this case arose when Honda “made the ...

May 15, 2012

A win for economic liberty in Pennsylvania

A federal judge in Pennsylvania today issued a decision striking down several provisions of that state's anti-competitive laws regarding funeral homes—specifically, ones that limit the ownership of funeral homes to licensed funeral directors, regardless of whether the owner ever actually directs funerals. Judge John Jones—who made headlines som ...