Is there a de minimis exception to the Equal Protection Clause?

Author: Ralph W. Kasarda Would the government be correct in arguing that a public contracting scheme that discriminates and grants preferences on the basis of race is not subject to strict scrutiny, if the program discriminates only a little bit? I recently … Continue reading

Reasonableness from NRDC?

Author:  Damien M. Schiff Last Friday, Doug Obegi of the Natural Resources Defense Council (NRDC) had this post on NRDC's Switchboard blog giving the environmental group's take on the recently issued NAS-NRC report on the Delta pumps and their effects … Continue reading

Court of Appeal endorses Coastal Commission’s near-limitless power over human activities

Author:  Paul J. Beard II Today, the California Court of Appeal ruled that a 15-minute, Fourth-of-July fireworks display on private property in Gualala, California, is a "development" that may be regulated by the California Coastal Commission through its permitting process.  The reason?  A fireworks … Continue reading

Challenging the constitutionality of the Patient Protection and Affordable Care Act

Author:  Damien M. Schiff This week, the attorneys general of fourteen states filed two lawsuits in federal district courts in Florida and Virginia, challenging the constitutionality of the Patient Protection and Affordable Care Act (PPACA). The Florida suit, brought by 13 … Continue reading