Weekly litigation update — March 25, 2017

Oral argument in Murr We had our oral argument in Murr v. Wisconsin. It was a tough argument with lots of questions throughout the argument.  We trust our answers helped dispel some of that confusion.  All in all, it was a … Continue reading

Can a city threaten to remove police protection from you for voting to repeal a tax?

Police protection and other city services in California are funded in part by property taxes. But in a state where public employee salaries and pensions are hard to keep up with, some cities can’t live within the means which property … Continue reading

About that “superprecedent” thing

During this week’s Senate Judiciary Committee hearing on Judge Gorsuch’s nomination to the Supreme Court, Ranking Member Diane Feinstein repeatedly used the term “superprecedent” to describe the Supreme Court’s 1973 decision in Roe v. Wade. Her line of questioning was … Continue reading

PLF defends against overcriminalization under the Endangered Species Act

William Blackstone famously said “it is better that ten guilty persons escape than one innocent suffer.” Today, the criminal law honors that venerable principle by forbidding anyone from being criminally punished unless they commit an illegal act with a blameworthy … Continue reading

Op-ed on Nevada’s second bite at the free market apple

The Las Vegas Review-Journal has published my op-ed on AB 240, Nevada’s renewed attempt to get rid of its Competitor’s Veto law. As I write in the article: Nevada also passed a repeal bill last term, but Gov. Sandoval vetoed … Continue reading

PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine

On Friday, PLF attorneys filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, 616 Croft Ave, LLC v. City of West Hollywood. The petition asks the Court to review a California Court of … Continue reading

Is tolerated freedom really freedom at all?

More and more, we have to receive government permission to exercise basic rights. This subverts a fundamental notion of liberty: first comes freedom, then comes government to secure that freedom. We’ve begun instead to slip into a world in which any … Continue reading