President’s weekly report — July 3, 2015

Supreme Court to hear teachers’ union politicking case The Supreme Court announced this week that it will hear  Friedrichs v. California Teachers Association, a case filed by the Center for Individual Rights.  Presently, all public school teachers must contribute their “fair share” to a teachers’ union … Continue reading

Supreme Court orders three U.S. Courts of Appeals to reconsider cases upholding restrictions on speech

On Monday, the Supreme Court ordered three federal appellate courts to reconsider their decisions upholding sign restrictions in light of its recent decision in Reed v. Town of Gilbert. The Court emphasized in Reed that government regulation of speech is … Continue reading

Supreme Court to review public employee unions’ ability to garnish wages

The California Teachers Association—one of the most politically powerful groups in the state—may have to start funding its political campaigns with the money of only those teachers who actually support its goals.  Unlike other groups that seek donations from like-minded … Continue reading

Long-awaited Clean Water Act rule published

The final rule redefining “waters of the United States,” subject to federal control under the Clean Water Act, was published today in the Federal Register.  According to the rule, it will become effective on August 28, 2015, and will be … Continue reading

It is almost never “rational, never mind ‘appropriate’” to ignore regulatory costs

Today’s Supreme Court decision in Michigan, et al. v. EPA (consolidated with Utility Air Regulatory Group v. EPA and National Mining Assoc. v. EPA) invalidated EPA’s regulation on electric power plant hazardous air pollutants for not taking its enormous costs … Continue reading

President’s weekly report — June 26, 2015

The physical invasion of the raisin snatchers — a property rights victory at the Supreme Court  In a week marked by several major Supreme Court decisions that were quite disappointing to advocates of limited government and the rule of law, there was one … Continue reading

The lingering constitutional problem with disparate impact

Today the Court held that disparate impact claims are cognizable under the Fair Housing Act (our earlier blog post on the case is here). The Court came to this conclusion as a matter of statutory interpretation, but didn’t say much … Continue reading

L.A. Daily Journal runs PLF Op-Ed on the Horne Decision

Today, the L.A. Daily Journal ran an op-ed written by PLF attorneys Brian T. Hodges and Christopher Kieser on the Supreme Court’s takings decision in the raisin case, Horne v. Department of Agriculture. [update: the link to the article has been … Continue reading

Supreme Court holds Fair Housing Act prohibits disparate impact discrimination

In a disappointing 5-4 decision written by Justice Kennedy, the Supreme Court held today that the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, encompasses claims for disparate impact.  The majority insists that disparate-impact claims are consistent with … Continue reading

It’s not the # of executive actions that proves abuse

Over 350 well-connected attorneys, scholars and press gathered at the Mayflower Hotel in Washington, DC last Thursday for the Federalist Society’s Third Annual Executive Branch Review Conference, and many others watched the conference live stream. Most of the breakout and … Continue reading