Weekly litigation report

Individual Rights – Equal Protection. In the long-running saga of Rothe Development, Inc. v. Department of Defense and Small Business, a small business is challenging the racial classifications in Section 8(a) of the Small Business Act as a violation of … Continue reading

Victory for Nashville property owners and guests

In an important victory for economic liberty and property rights, today, a judge in Nashville, Tennessee agreed that the Nashville Metro Council’s regulations of short-term rentals are unconstitutional. Among other things, the ordinance banned any form of advertising short-term rentals with … Continue reading

Concentrated power imperils liberty

Last week’s decision in PHH Corp. v. Consumer Financial Protection Bureau brought into fine focus the fact that one of the greatest threats to individual liberty is the unchecked growth of the administrative state. Because the enactment and enforcement of … Continue reading

Weekly litigation report — October 14, 2016

Victory in free speech case The City of San Juan Capistrano agreed this week to stop enforcing it’s ban on putting “for sale” signs in car windows in Cefali v. San Juan Capistrano. Because any other sort of sign is … Continue reading

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 … Continue reading

Weekly litigation report — October 7, 2016

Government shouldn’t abridge the freedom of speech with regulatory harassment We filed this petition for writ of certiorari asking the Supreme Court to take up the case of Bennie v. Munn. Bob Bennie, a well-regarded financial consultant and leader of … Continue reading

The best way to protect the environment isn’t always obvious

Our friend Brian Seasholes of the Reason Foundation has an article on DailyCaller.com on one of the oft overlooked environmental benefits of fracking: preserving open space as habitat for wildlife. He ends the article with a point that applies far … Continue reading

Tesla finally challenging Michigan’s anti-competitive direct-sales ban in court

Rather than use independent dealerships, Tesla Motors has fought for years to sell its luxurious, electric vehicles directly to consumers through galleries owned and operated by Tesla. It should come as no surprise, then, that the car dealerships have teamed up … Continue reading

Special event to explore the impact of the “originalism revolution”

Thirty years ago this month, then Attorney General Ed Meese gave a speech titled “The Law of the Constitution.” It was one of three he gave that ignited a “great debate” over legitimate and illegitimate methods of constitutional interpretation. From … Continue reading