9th Circuit declines to rehear National Parks & Conservation Assoc. v. BLM (Kaiser Eagle Mountain case)

Author: Brandon Middleton Yesterday the Ninth Circuit Court of Appeals declined to reconsider its November 2009 decision in National Parks & Conservation Assoc. v. Bureau of Land Management (available here), in which it held that a BLM land exchange with … Continue reading

Are all health care mandates created equally?

Author: Luke A. Wake The federal government has only those powers specifically enumerated in the Constitution. The Constitution allows the federal government to regulate interstate commerce, including both economic activities and non-economic activities affecting interstate commerce. But, the mandate to … Continue reading

California court rulings for Coastal Commission favor costly permiting process

Author:  Paul Beard Imagine this scenario:  Your city grants you a permit to build on your land.  The permit is appealed—say, by some disgruntled neighbor—to a state land-use agency with limited authority to review locally approved projects.  You sue the state agency … Continue reading

Spending, choice, and coercion

Author: Timothy Sandefur A reader commenting on yesterday’s post about our lawsuit challenging the constitutionality of ObamaCare asked an interesting question, the answer to which can help illuminate the limits of federal power under the Constitution. “Since the federal government … Continue reading