What can Moneyball teach us about the debate over racial preferences?

Some things are accepted as so obvious that people rarely ask whether they are true. Take baseball for example. There used to be a time when fans and managers alike hyped up a pitcher as a “winner,” a batter as … Continue reading

Is PLF’s Obamacare challenge headed to the High Court?

“Developments in the last ten days make it more likely that the entire U.S. Court of Appeals for the D.C. Circuit will agree to hear the leading challenge by the Pacific Legal Foundation (PLF) to the Obamacare individual-mandate penalty — … Continue reading

Should abstract justice displace contract law?

The Texas Supreme Court is currently considering one of the most important contract cases in recent years. In Plains v. Torch (our shortened name, for the sake of convenience), two oil companies dispute the rightful owner of a 43 million … Continue reading

Is the denial of preferential treatment discrimination?

One group in the State of Washington thinks so. White female contractors are threatening to sue that state’s department of transportation if they aren’t given preferential treatment based on their race and gender. The commotion stems from Washington’s implementation of the infamous … Continue reading

Uber, Lyft, VRBO, and the value of economic liberty

I was recently interviewed on the Power and Market Report about Uber, Lyft, VRBO and other innovations which are providing consumers with excellent new services.  Naturally the old regime is not pleased, and has taken to lobbying state legislatures to … Continue reading

Why the Colbert Report is wrong about friend-of-the-court briefs

Various news and entertainment outlets have questioned the usefulness of friend-of-the-court briefs (also known as amicus briefs) at the Supreme Court. Both the New York Times and the Colbert Report recently endorsed a law professor’s article questioning the validity of … Continue reading

D.C. Circuit orders Feds to respond to Obamacare rehearing petition

On Monday, we filed a petition for rehearing en banc in Sissel v. U.S. Department of Health & Services, asking the entire D.C. Circuit Court of Appeals to hear our challenge to the Affordable Care Act.  Today, “upon consideration of the petition … Continue reading

NR-PLF Supreme Court preview event: fish and raisin jokes, and some serious Supreme Court analysis

National Review/Pacific Legal Foundation’s “first annual” preview event on Monday of the Supreme Court’s term was a great success, as reflected by the live coverage and two re-broadcasts by C-SPAN. The event’s focus was on cases the Supreme Court had … Continue reading

An inside look at Fisher

There’s a new book out on Supreme Court Justice Sotomayor.  I have not read the book, but PLF friend Josh Blackman has the scoop on an interesting story about the Fisher decision in the book. According to Blackman (via Nina Totenberg), the case … Continue reading