PLF files amicus brief in the Oswego Lake public access lawsuit

Today, PLF attorneys filed an amicus brief with the Oregon Court of Appeals in Kramer v. City of Lake Oswego—a case in which two public access activists argue that the “public trust doctrine” should be extended to create easements across … Continue reading

Can courts dismiss “rational basis” cases without hearing evidence?

My latest law review article is available in the new issue of the George Mason U. Civil Rights Law Journal. Entitled “Rational Basis and The 12(b)(6) Motion: An Unnecessary ‘Perplexity,’” the article tries to resolve the confusion that some courts have expressed … Continue reading

Florida growls back at PLF

Yesterday, the State of Florida filed its response to Pacific Legal Foundation‘s lawsuit on behalf of the Crafted Keg. In that suit, PLF seeks to overturn Florida’s irrational ban on 64-ounce beer growlers. Not surprisingly, the government has moved to dismiss the … Continue reading

Elite universities sued over race-based admissions

Yesterday, Harvard University and the University of North Carolina were sued over their race-based admissions practices. The complaints (here and here) describe, in detail, the divisive use of race at both universities. … Continue reading

PLF files another brief supporting federal court access for takings plaintiffs

Last Friday, PLF and the Cato Institute filed an amicus brief in another attempt to get the Supreme Court to finally overrule Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. Frequent readers of the Liberty Blog will … Continue reading

Will the new Congress do its actual job?

The newly elected 114th Congress will take office in January.  Amid the political commentary surrounding this month’s elections, many talking heads have discussed whether the nation will relive another government shutdown as Republicans in the legislative majority seek leverage over President Obama’s … Continue reading

President’s weekly report — November 14, 2014

Clean Water Act This week, we submitted comments on the Army Corps of Engineers and EPA’s proposed rule redefining the term “waters of the United States” under the Clean Water Act. The rule, if adopted, would be the largest expansion of power … Continue reading

When Obamacare fails, the Executive can’t blame states

As readers well know, the Affordable Care Act (ACA) imposes all sorts of new restrictions on the types of health insurance policies that can be bought and sold.  Naturally, this means that a lot of people who liked their health … Continue reading

Fifth Circuit denies rehearing en banc in Fisher v. University of Texas

The case of Abigail Fisher may be on its way to the Supreme Court a second time.  The Fifth Circuit Court of Appeals denied her petition for rehearing en banc. Judge Garza filed a short dissent reiterating the points he made in his … Continue reading